Disposed

Sadhu Singh v. the State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lko. and 3 Others

Allahabad HC19 Dec 2023/11135/2023

Case brief

AI extract

What is this about?

The High Court granted relief to the petitioner facing financial hardship by allowing a one-year moratorium on a recovery citation, permitting him to deposit the outstanding loan in equal instalments upon the bank's no-objection.

What did the court decide?

The recovery citation dated 18-07-2023 is kept in abeyance for one year; petitioner may deposit outstanding loan in equal instalments.

Sadhu Singh Vs the State of U.P. Thru… — Contract and Commercial Disputes | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:83824

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Court No. - 18

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Case :- WRIT - C No. - 11135 of 2023

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Petitioner :- Sadhu Singh Respondent :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And 3 Others Counsel for Petitioner :- Sumit Kumar Srivastava Counsel for Respondent :- C.S.C.,Sharad Tewari

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Hon'ble Shree Prakash Singh,J.

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Heard Sri Sumit Kumar Srivastava, learned counsel for the petitioner, learned Standing Counsel for the State, Sri Sharad Tewari, learned counsel for the opposite party no. 4/Bank of India.

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By means of instant petition, the petitioner has prayed for issuance of a direction in the nature of certiorari thereby quashing the recovery citation dated 18-07-2023 issued by the opposite party no. 4/Bank of India, Branch Harpalpur, District-Hardoi. It has further been prayed that a direction may be made to opposite party no. 4/Bank of India to accept the due loan amount in easy instalments.

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Contention of learned counsel for the petitioner is that the petitioner is facing financial hardships, though he is still ready to pay the outstanding loan amount to opposite party no. 4. He added and humbly prayed that the opposite party no. 4/Bank of India, may be directed to accept the outstanding loan amount in easy instalments as may be fixed by this Hon'ble court.

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Learned counsel appearing for the opposite party no.4/ Bank of India has no objection to the contentions aforesaid.

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In view of aforesaid submissions, the petitioner is permitted to deposit the total outstanding loan amount within a period of one year in equal amount/instalments. The petitioner will deposit the first instalment on 08-01-2024.

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For the period of one year, the order/recovery citation dated 18-07-2023 shall be kept in abeyance.

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It is further clarified that if the aforesaid order/direction is not complied with by the petitioner, the protection granted above, shall not be available to him.

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With the aforesaid observations, the instant petition is disposed of.

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Order Date :- 19.12.2023 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Sadhu Singh v. the State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Sadhu Singh v. the State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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