Disposed

Nankiwa v. State of U.P. and Another

Allahabad HC6 Feb 2023WRIC/38140/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought quashing of a Land Auction Declaration notice due to a loan default for a tractor. The court directed the petitioner to deposit a partial amount immediately and clear the balance in quarterly installments within a specified timeframe. If repaid as directed, no recovery charges will apply; otherwise, the auction proceedings will resume.

What did the court decide?

Petitioner directed to deposit Rs. 1,00,000/- by 6.3.2023 and clear outstanding in six quarterly installments. Upon compliance, no recovery charges shall be levied.

Nankiwa Vs State of U.P. and Another — Banking and Recovery | Allahabad HC (2023)

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Court No. - 40

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Case :- WRIT - C No. - 38140 of 2022

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Petitioner :- Nankiwa Respondent :- State of U.P. and Another Counsel for Petitioner :- Roopesh Kumar Nigam Counsel for Respondent :- C.S.C.,Abhishek Sharma

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the petitioner; Sri Abhishek Sharma, learned counsel appearing for the bank and learned Standing Counsel for State respondent no. 1.

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With the consent of learned counsel for the parties, this writ petition is being finally decided at this stage without calling for a counter affidavit.

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By this writ petition, the petitioner has prayed for quashing the Land Auction Declaration notice dated 19.11.2022 issued by the respondent no. 2. The petitioner has taken loan of Rs.4,00,000/- for purchasing the tractor. Due to default being committed by the petitioner, the impugned notice has been issued by the second respondent for auction of the mortgage property of the petitioner.

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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 deposits 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, we dispose of this writ petition with the following directions:

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The petitioner shall deposit an amount of Rs. 1,00,000/- by 6.3.2023. 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

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petitioner in six equal quarterly installments.

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First installment be paid on or before 06.06.2023 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 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 any scheme 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 :- 6.2.2023 A.K.Srivastava

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Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Nankiwa v. State of U.P. and Another

Case brief

What is this about?

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Nankiwa v. State of U.P. and Another

Case brief

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