Disposed

Vishambar Dayal and 3 Others v. State of U.P. and 2 Others

Allahabad HC15 Sept 2023WRIC/30122/2023

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What is this about?

The court disposed of a writ petition filed by borrowers facing home loan recovery proceedings. The court directed the bank to accept payment via instalments, keeping recovery proceedings in abeyance during payment. The bank agreed to the scheme.

What did the court decide?

Petitioners directed to deposit 25% within three weeks, then balance in four equal instalments over six months; recovery proceedings to remain in abeyance.

Vishambar Dayal and 3 Others Vs State of U.P. and 2… — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:178322-DB

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Court No. - 3

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Case :- WRIT - C No. - 30122 of 2023

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Petitioner :- Vishambar Dayal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dwivedi Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana

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Hon'ble Siddhartha Varma,J. Hon'ble Manoj Bajaj,J.

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Heard learned counsel for the petitioners, learned Standing Counsel and Sri Shashi Bhushan Singh, learned counsel for the respondent nos. 2 and 3.

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It is stated that the petitioners had taken home loan but the same could not be repaid as per the terms of the agreement. A recovery certificate for a sum of Rs. 11,57,199.58/- and other expenses had been issued against the petitioners. This writ petition has been filed with the averment that petitioners are ready and willing to deposit the amount, in case they are permitted to do so in easy instalments.

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Sri Shashi Bhusan Singh, learned counsel for the Bank states that the Bank is ready to accept the amount as the auction could not be done on the date fixed as nobody applied for the same.

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Having regard to the fact that the petitioners have offered to pay the entire amount due against them and the Bank has agreed to accept the amount, in our view, ends of justice require that the petitioners be granted an opportunity to deposit the entire outstanding amount due against them in the following manner:-

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(i) Petitioners shall deposit 25% of the amount sought to be recovered within a period of three weeks from today with the

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respondent Bank.

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(ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent Bank shall provide a fresh schedule for re-payment of balance amount, after adjusting the amount already deposited. That amount shall thereafter be deposited in four equal instalments in a period of six months. Statement of account shall also be furnished to the petitioner.

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(iii) No recovery charges shall be recovered from the petitioners by the respondent authorities.

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(iv) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of instalments, the recovery proceedings will be kept in abeyance. In case the petitioners default in depositing the initial amount or thereafter instalments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioners.

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With the aforesaid observations/directions, the writ petition stands disposed of . No order as to costs.

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Order Date :- 15.9.2023 M.S. Ansari

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(Manoj Bajaj, J.) (Siddhartha Varma, J.)

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Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad

Vishambar Dayal and 3 Others v. State of U.P. and 2 Others

Case brief

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Vishambar Dayal and 3 Others v. State of U.P. and 2 Others

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