Disposed

Mange Ram v. State of U.P. and 2 Others

Allahabad HC5 Feb 2021WRIC/3600/2021

Case brief

AI extract

What is this about?

In a writ petition regarding an agricultural loan default demand, the High Court directed the petitioner to deposit Rs. 50,000 immediately and repay the outstanding balance in six quarterly installments. The court instructed the bank to provide a statement after the initial deposit. The relief also included waiver of recovery charges upon full compliance.

What did the court decide?

Petitioner directed to deposit Rs. 50,000 immediately and balance in six quarterly installments; recovery charges waived on compliance; bank to provide statement.

Mange Ram 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. - 3600 of 2021

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Petitioner :- Mange Ram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Dwivedi Counsel for Respondent :- C.S.C.,Sanjai Singh

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Hon'ble Rajiv Joshi,J.

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Heard Sri Sunil Kumar Dwivedi, learned counsel for the petitioners, Sri Sanjai Singh, learned counsel for respondent and learned Standing Counsel for the State respondents.

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By this writ petition, the petitioner has prayed for quashing impugned demand notice dated 31.7.2019 issued by the respondent no. 3 and the letter dated 04.10.2019 sent by the respondent bank.

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Petitioner had taken a agriculture loan of Rs. 1,42,000/-, from the respondent bank. 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 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 quarterly installments.

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First installment be paid on or before 6.6.2021 and thereafter within every three months. The amount shall be deposited by the petitioners in the bank. If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be

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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 :- 5.2.2021 S.K.

Mange Ram v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Mange Ram 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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