Disposed

Sunita Choudhary v. State of U.P. and 3 Others

Allahabad HC19 Feb 2021WRIC/4967/2021

Case brief

AI extract

What is this about?

Writ petition for direction to allow the petitioner to deposit a bank loan outstanding in installments was disposed of. The Court directed the petitioner to file an application before the bank authority within three weeks, which would likely be met with sympathetic consideration.

What did the court decide?

Direction to file application before bank authority within 3 weeks for sympathetic consideration regarding installment payment.

Sunita Choudhary Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2021)

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Court No. - 21 Case :- WRIT - C No. - 4967 of 2021 Petitioner :- Sunita Choudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- C.S.C.,Habib Ahmad

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Atul Kumar, learned counsel for the petitioner, Sri Devesh Vikram, learned Standing Counsel for the Staterespondents and Sri Habib Ahmad, learned counsel for the respondent no. 4.

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The present petition has been preferred by the petitioner for the following relief:-

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"(i) Issue a writ order or direction in the nature of mandamus commanding the respondent to permit the petitioner to deposit the actual due amount within a stipulated time in equal easy installments."

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It appears that the petitioner had initially taken a KCC loan of Rs.45,000/- from Allahabad Bank in the year 2008. She had also taken a Car loan from the same bank, but on account of unavoidable circumstances, few installments could not be deposited as per schedule. Consequently, recovery proceedings were initiated and recovery citation was issued amounting Rs.9,45,219/- plus interest and other dues/additional interest against the petitioner. The said situation has impelled the petitioner before this Court by preferring Writ C No. 40679 of 2019 (Sunita Chaudhary Vs. State of U.P. And 3 Others) which was disposed of vide order dated 10.12.2019 directing the petitioner to deposit the outstanding amount in easy installments.

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Learned counsel for the petitioner in this backdrop, submits that in view of the relief accorded by this Court amount of Rs.2 lakhs has been deposited on 20.01.2020 but due to Covid-19 pandemic, the remaining installments could not be deposited as per schedule fixed by the bank.

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He submits that the petitioner is ready to clear the outstanding demand of the bank in case one more indulgence is accorded.

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Per contra, learned counsel for the fourth respondent-bank has vehemently opposed the writ petition and submits that once indulgence was already accorded by this Court and admittedly in response thereof, except Rs.2 lakhs no further installments had been deposited and as such no indulgence is required in the

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matter.

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We have considered the rival submissions of the parties and also having consideration of the Covid-19 pandemic, once the petitioner's counsel has given categorical undertakings before this Court and the petitioner is ready to deposit the entire outstanding amount, we are of the considered opinion regarding her grievance, in case, she moves an appropriate application within three weeks from today before the competent authority of the bank definitely the sympathetic consideration may be accorded in her favour, so that entire outstanding amount may be deposited.

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With the aforesaid observation, the present writ petition stands disposed of.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 19.2.2021 Ishan

Sunita Choudhary v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sunita Choudhary 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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