Disposed

Bachcha Singh v. State of U.P. and 2 Others

Allahabad HC2 Feb 2021WRIC/2839/2021

Case brief

AI extract

What is this about?

This writ petition sought relief against recovery proceedings on an agricultural loan. The court fixed a one-time deposit, granted a moratorium with installment terms, waived recovery charges upon compliance, and noted the option to claim loan waiver under the relevant scheme.

What did the court decide?

Directed deposit of Rs. 50,000; balance in six quarterly installments starting 21.6.2021; waiver of recovery charges on full compliance; liberty to apply for scheme benefits.

Bachcha Singh Vs State of U.P. and 2 Others — Banking and Recovery | Allahabad HC (2021)

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Court No. - 37

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Case :- WRIT - C No. - 2839 of 2021

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Petitioner :- Bachcha Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashank Kumar,Ram Pravesh Yadav Counsel for Respondent :- C.S.C.,Abhishek Mishra

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Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the petitioner, learned counsel for respondent and learned Standing Counsel for the State respondents.

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Petitioner in the present case has merely prayed for the following reliefs:-

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"i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to take the rest of the loan amount of Rs. 2,68,000/from the petitioner in easy installment without any recovery charges and also the respondent no. 2/Tehsil authorities be restrained from taking any coercive measure against petitioner.

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ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to provide the actual statement of account of petitioner and to take the same in easy installements"

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Petitioner had taken a agriculture loan of Rs. 1,00,000/-, from the respondent bank on 28.3.2014 for starting his business of dairy. Due to default being committed by the petitioner, recovery has been initiated.

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Learned counsel for the petitioner submits that 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. 50,000/- within 45 days. 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 quarterly installments.

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First installment be paid on or before 21.6.2021 and 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 S.K.

Bachcha Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Bachcha Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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