Allowed

Om Prakash v. Collector Saharanpur and 2 Others

Allahabad HC11 Jan 2021WRIC/26753/2020

Case brief

AI extract

What is this about?

The court stayed recovery proceedings against a defaulting farmer, directing him to deposit Rs. 25,000 within a month and clear the remaining dues in six quarterly installments. Default would revive the proceedings.

What did the court decide?

Stay of recovery proceedings granted subject to payment of Rs. 25,000 deposit and six quarterly installments of the remaining amount.

Om Prakash Vs Collector Saharanpur and 2… — Contract and Commercial Disputes | Allahabad HC (2021)

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Court No. - 37 Case :- WRIT - C No. - 26753 of 2020 Petitioner :- Om Prakash Respondent :- Collector Saharanpur And 2 Others Counsel for Petitioner :- Shravana Kumar Yadav Counsel for Respondent :- C.S.C.,Sanjai Singh

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Hon'ble Rajiv Joshi,J.

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Heard Sri Shravana Kumar Yadav, learned counsel for the petitioner and Sri Sanjai Singh, learned counsel for the respondent- Bank.

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The petitioner availed the facility of loan from the respondent-bank and admittedly, there was a default. The respondent bank issued a recovery citation of Rs. 1,61,291/against the petitioner.

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Learned counsel for the petitioner submits that he had taken loan for agriculture purpose. The petitioner is a farmer. He could not repay the loan instalment in time.

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Learned counsel for the petitioner contends that he does not intend to contest the proceedings on merit and he is ready and willing to liquidate the entire outstanding liability provided he is permitted to do so in instalments.

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Sri Shravana Kumar Yadav, learned counsel for the respondent-Bank does not have any serious objection to the aforesaid submission. He, however, submits that the petitioner should prove his bonafide and ability to pay by depositing some amount within two weeks.

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Before proceeding to consider the prayer granting instalment, the petitioner is under obligation to establish his bona-fide that not only he is ready but also in a position to clear off the entire dues.

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In view of the submissions made by learned counsel at the Bar, the recovery proceedings against the petitioner shall remain stayed subject to the following conditions:

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The petitioner shall deposit a sum of Rs. 25,000/- (Rupees Twenty Five Thousand) within a period of one month from today before the respondent Bank. Rest of the amount shall be deposited in six equal quarterly instalments.

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First installment be paid on or before 20.04.2021 and thereafter within every three months. The amount shall be deposited by the petitioner in the bank.

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If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner.

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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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The writ petition is disposed of.

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Order Date :- 11.1.2021 S.P.

Om Prakash v. Collector Saharanpur and 2 Others

Case brief

What is this about?

What did the court decide?

Om Prakash v. Collector Saharanpur and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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