Partly allowed

Heeramani v. State of U.P. and 3 Others

Allahabad HC2 Feb 2021WRIC/1658/2021

Case brief

AI extract

What is this about?

Petitioner sought quashing of recovery citation for default on an agriculture loan. Court directed deposit of Rs.1 Lakh immediately followed by quarterly installments for the balance. Petitioner granted liberty to apply under the State Government waiver scheme.

What did the court decide?

Deposit of Rs.1 Lakh within one month; balance payable in six equal quarterly installments. No recovery charges if fulfilled.

Heeramani Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2021)

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Court No. - 37

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Case :- WRIT - C No. - 1658 of 2021

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Petitioner :- Heeramani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babu Lal Ram,Arjun Singh Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the petitioner, Sri B.N. Singh, learned counsel for respondent-bank and learned Standing Counsel for the State respondents.

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By this writ petition, the petitioner has prayed for quashing impugned recovery citation dated 27.10.2020 issued by respondent no.3.

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Petitioner had taken an agriculture loan of Rs.4,61,000/- from the respondent bank for agricultural purposes but due to some reason, the same could not run efficiently. Due to default being committed by the petitioner, recovery has been initiated.

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Learned counsel for the petitioner submits that the State Government has already floated a scheme for waiver of agricultural loan of Rs.1 Lac of small and marginal farmers. The petitioner is ready to deposit the entire amount within the time fixed by this Court.

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Learned counsel appearing for the bank states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposit the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.

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On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with the following directions:

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The petitioner shall deposit an amount of Rs.1,00,000/withing one month. On depositing the aforesaid amount, the bank shall provide a statement of account within two weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioner. The outstanding amount shall be deposited by the petitioner in six equal quarterly installments.

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First installment to be paid on or before 5.6.2021 and

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thereafter within every three months. The amount shall be deposited by the petitioner in the bank. If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive.

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In case the petitioner is covered under the Scheme in question for waiver of agricultural loan, he would be at liberty to move an appropriate application for availing the said benefit.

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Order Date :- 2.2.2021 Akbar

Heeramani v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Heeramani v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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