Disposed

Lakhan Singh v. State of U.P. and 2 Others

Allahabad HC3 Jul 2024WRIC/20828/2024

Case brief

AI extract

What is this about?

A writ petition filed by a borrower seeking to quash an auction notice and compel the bank to provide an account statement. The court conditionally stayed proceedings, allowing repayments in installments against a partial deposit.

What did the court decide?

Petition disposed; auction notice not quashed; recovery proceedings stayed conditionally upon payment of Rs.1,00,000/- deposit and subsequent bi-monthly installments.

Lakhan Singh vs State of U.P. and 2 Others — Banking and Recovery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:119629

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Court No. - 33

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Case :- WRIT - C No. - 20828 of 2024

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Petitioner :- Lakhan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Binod Kumar Tripathi Counsel for Respondent :- C.S.C.,Manoj Nigam

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Hon'ble Chandra Kumar Rai,J.

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Heard Mr. Binod Kumar Tripathi, learned counsel for the petitioner, Mr. Manoj Nigam, learned counsel for respondent-bank and the learned Standing Counsel for the State-respondents.

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The instant writ petition has been filed for the following relief:

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"(i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned auction notice dated 7.6.2024 issued by respondent no.3 (Annexure No.1 to the writ petition).

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(ii) Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no.4 to provide the account statement of debt account no.144/26 to the petitioner and received outstanding amount, if any as per the rule."

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Learned counsel for the respondent-bank has placed the copy of the statement of account before the Court which is taken on record, which indicates the outstanding amount against the petitioner as on 31.3.2024 is Rs.4,41,437/-. The schedule for repayment could not be adhered to by petitioner for reasons beyond his control, hence recovery proceeding has been been initiated.

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This Court under Article 226 of the Constitution of India has a limited scope for interference against recovery proceeding. No good ground is made out to interfere against the same. However, learned counsel for petitioner submits that petitioner is willing to pay the entire sum in installments provided he is given some breathing space to clear off the dues. The learned counsel for the respondent-bank has no objection to this arrangement.

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Considering the rival submissions, this petition is disposed of subject to the following conditions:-

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(i) An amount of Rs.1,00,000/-/- shall be deposited with the respondent bank on or before 31.8.2024, along with a certified copy of the order. On the deposit so made, the bank shall provide a copy of the statement of accounts to the petitioner, within two weeks.

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(ii) The entire remaining amount shall be paid in 5 equal bi-monthly

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installments, the 1st installment falling due for payment on or before 31.8.2024 and remaining installments shall be paid bi-monthly accordingly. If repayment schedule is adhered to, no recovery charges shall be realized, and the proceedings for recovery shall remain stayed.

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(iii) In case of default in compliance of either of the conditions, this order shall cease to have any effect, without further reference to the Court and the entire amount shall become recoverable forthwith.

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(iv) It is made clear that the benefit of this order will not be extended to petitioner, in case it is subsequently found that petitioner had earlier filed another writ petition for the same relief.

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The petition is disposed of.

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Order Date :- 26.7.2024 C.Prakash

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Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad

Lakhan Singh v. State of U.P. and 2 Others

Case brief

What is this about?

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Lakhan Singh v. State of U.P. and 2 Others

Case brief

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