Disposed

Smt. Kiran Devi and 2 Others v. State of U P and 4 Others

Allahabad HC24 Jun 2021WRIC/5924/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging a recovery certificate under the U.P. Agriculture Credit Act. On consent, the court stayed recovery proceedings subject to part deposit and installment payments.

What did the court decide?

Recovery proceedings stayed subject to deposit of Rs. 4,00,000 and balance in four equal quarterly instalments; balance recoverable forthwith on default.

Smt. Kiran Devi and 2 Others Vs State of… — Contract and Commercial Disputes | Allahabad HC (2021)

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Court No. - 9

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Case :- WRIT - C No. - 5924 of 2021 Petitioner :- Smt. Kiran Devi And 2 Others Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Deepak Kumar Patel,Digvijay Singh

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Counsel for Respondent :- C.S.C.,Yashwant Singh

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Hon'ble Prakash Padia,J.

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Matter is taken up through video conferencing.

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Heard learned counsel for the petitioners, learned Standing counsel for the respondent nos.1 to 3 and Sri Yashwant Singh, learned counsel for the respondent Bank.

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The petitioners have preferred present petition inter-alia with the following prayers :-

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" (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned certificate of recovery dated 15.04.2020 (Annexure no.2) issued by respondent no.3, under section 11-A of U.P. Agriculture Credit Act, 1973.

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(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to not take coercive action against the petitioner in view of the impugned recovery certificate dated 15.04.2020."

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The petitioners had taken a commercial loan and were unable to pay the instalments. Consequently, recovery proceedings have been instituted to recover the balance amount.

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It is argued by learned counsel for the respondent-bank that as per the instructions received by him from the bank, the liability of the petitioners was about Rs.17 lacs in the month of February, 2021 and in case a token amount is deposited by the petitioners the recovery proceedings be stayed.

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There is no illegality in the recovery proceeding but the petitioners contends that they are willing to pay the entire amount in instalments.

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In the interest of justice and considering the aforesaid facts, the writ petition is disposed of upon consent with the

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following directions:-

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The recovery proceedings shall remain in abeyance provided;

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(1) The petitioners deposits a sum of Rs.4,00,000/- (four lac) on or before 30.10.2021 and the balance outstanding amount in four equal quarterly instalments commencing three months hence.

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(2) In the event of default in the payment/deposit of any one of the instalments, it would be open to the respondents to recover the balance amount forthwith.

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Order Date :- 24.6.2021 Pramod Tripathi

Smt. Kiran Devi and 2 Others v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

Smt. Kiran Devi and 2 Others v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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