Partly allowed

Ashish Kumar v. State of U.P. and 3 Others

Allahabad HC17 Aug 2021WRIC/17405/2021

Case brief

AI extract

What is this about?

Writ petition for stay of recovery proceedings on a bank charge sheet was dismissed subject to the petitioner depositing Rs. 30,000 within one month. Approval for the balance amount to be paid in six quarterly installments was granted.

What did the court decide?

Recovery proceedings stayed upon deposit of Rs. 30,000 within one month. Balance payable in six quarterly installments.

Ashish Kumar Vs State of U.P. and 3 Others — Allahabad HC (2021) — LawSathi Research

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Court No. - 2 Case :- WRIT - C No. - 17405 of 2021 Petitioner :- Ashish Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Kumar Ojha Counsel for Respondent :- C.S.C.,Ashish Agrawal

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Hon'ble Suneet Kumar, J.

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Heard learned counsel for the petitioner, learned Standing Counsel and Smt. Anamika Singh, learned counsel appearing for fourth respondent-bank.

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The petition is directed against the recovery citation dated 23.06.2021 issued by the third respondent, Tehsildar, Tehsil Phoolpur, District Allahabad for recovery of Rs. 2,13,036/-+ other due amount.

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Learned counsel for the petitioner states that the petitioner is ready to deposit the entire amount in six quarterly installment and in the meantime, recovery may be stayed.

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Learned counsel for the Bank states that the Banks is ready to accept the due amount along with interest in six quarterly installments, provided the petitioner deposits Rs. 30,000/- within one month from the date.

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Considering the aforesaid, the writ petition is disposed of with the following direction:-

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The recovery proceedings shall be kept in abeyance, provided the petitioner deposits Rs. 30,000/- within one month from the date.

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On deposit of Rs. 30,000/-, the respondent-bank would furnish the complete statement of accounts showing all the deposits which have been made by the petitioner till date and the balance amount payable with interest.

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Rest of the amount shall be deposited by the petitioner in six equal quarterly installments, commencing from 17.10.2021.

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Any amount already deposited shall be adjusted.

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The petitioner shall make deposit of the last installment along with up to date interest.

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In the event of default in complying with any of the aforementioned conditions, it would be open to the respondents to recover the amount forthwith, in accordance with law.

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In case recovery has not been proceeded with, in case, the petitioner makes deposit as per the above schedule, no recovery charges shall be realised from him.

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Order Date :- 17.8.2021 P. Sri.

Ashish Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ashish Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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