Allowed

Babu Ram v. State of U.P. and 3 Others

Allahabad HC12 Feb 2021WRIC/3814/2021

Case brief

AI extract

What is this about?

Petitioner sought quashing of recovery certificate issuing an agricultural loan recovery. Court allowed petition by directing partial deposit of Rs.25,000 within one month and remaining amount in six quarterly installments. Default would revive recovery proceedings. Petitioner may avail loan waiver scheme if eligible.

What did the court decide?

Recovery certificate quashed on direction to deposit Rs.25,000 immediately and balance in six quarterly installments barring further recovery if complied with.

Babu Ram Vs State of U.P. and 3 Others — Banking and Recovery | Allahabad HC (2021)

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Court No. - 37

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Case :- WRIT - C No. - 3814 of 2021

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Petitioner :- Babu Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tej Om Prakash Gupta Counsel for Respondent :- C.S.C.,Satish Chaturvedi

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Hon'ble Rajiv Joshi,J.

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Heard Sri Tej Om Prakash Gupta, learned counsel for the petitioner, Sri Pankaj Srivastava, 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 certificate dated 4.1.2021 of Rs.1,47,942/-, issued by respondent no. 4.

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Petitioner had taken loan of Rs. 80,000/-, 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.25,000/-, 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 12.6.2021 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

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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 :- 12.2.2021 S.K.

Babu Ram v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Babu Ram 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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