Disposed

Vivek Singh v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 4 Others

Allahabad HC19 Sept 2024/8045/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench disposed of a writ petition filed by a borrower facing recovery proceedings. The court directed the bank to consider the petitioner's application for the OTP Scheme within a limited timeframe, doing so without adjudicating the merits of the case due to mutual consent.

What did the court decide?

Petitioner granted liberty to move fresh representation to respondent bank for consideration of OTP Scheme within one week; bank to decide within two weeks.

Vivek Singh Vs State of U.P. Thru. Prin. Secy. Revenue… — Consumer Protection | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64745

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Court No. - 7

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Case :- WRIT - C No. - 8045 of 2024

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Petitioner :- Vivek Singh

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Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others Counsel for Petitioner :- Akhilesh Kumar Pandey Counsel for Respondent :- C.S.C.,Sharad Kumar Shukla

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Hon'ble Alok Mathur,J.

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Heard Sri Akhilesh Kumar Pandey, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 to 4 and Sri Sharad Kumar Shukla, learned counsel appearing for the respondent – Bank.

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It has been submitted by learned counsel for the petitioner that petitioner has taken agricultural KCC loan for the purpose of running Poultry Farm on 13.11.2016 amounting to Rs.15,00,000/-. He was continuously payed the EMIs, but due to certain unforseen circumstances he could not repay the outstanding amount of loan and accordingly the said loan amount was declared Non Performing Asset in the year 2019 and the respondent-Bank started recovery proceedings against petitioner.

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It is submitted that on account of two loans taken by the petitioner, the outstanding amount is more than Rs. 34,00,000/as on 31.12.2019.

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Learned counsel for the petitioner submits that he is ready and willing to pay entire outstanding loan amount to the respondent-Bank in installments.

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At this stage it is has been fairly submitted by learned counsel for the respondent-Bank that OTS Scheme is in existence and in case petitioner moved appropriate application, same can be considered by the respondent-Bank and the petitioner can be granted benefit of the same.

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It is at this stage learned counsel for the petitioner submits that petitioner confines his prayer for a suitable direction to respondent-bank to consider his grievance for consideration of the OTS Scheme.

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Learned counsel for respondent does not object to the prayer

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made by learned counsel for petitioner.

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Accordingly, with the consent of learned counsel for the parties and without entering into the merits of the case, the writ petition is disposed of with a liberty to the petitioner to move a fresh representation within one week from today before respondent No. 5/Manager, Baroda Uttar Pradesh Gramin Bank, Branch Sahabganj, District - Pratapgarh/competent authority and on receipt of the said application the said authority shall consider and decide the same expeditiously, say within a period of two weeks thereafter and communicate his decision to the petitioner.

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(Alok Mathur, J.)

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Order Date :- 19.9.2024 Ravi/

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Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Vivek Singh v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 4 Others

Case brief

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Vivek Singh v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 4 Others

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