Dismissed

Raj Singh v. Distt. Magistrate Unnao and 2 Others

Allahabad HC25 Oct 2024WRIC/8922/2024

Case brief

AI extract

What is this about?

The court granted time to pay dues to the Electricity Department and a Bank, directing installment payments over two years. The attached land was ordered to be released upon compliance, ensuring no recovery action would proceed if payments were made as directed.

What did the court decide?

Petitioner granted six weeks to pay Electricity Department dues; Bank dues to be paid in six installments; attached land released upon payment; no recovery if complied.

Raj Singh vs Distt. Magistrate Unnao and 2 Others — Banking and Recovery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:72108

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Court No. - 7

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Case :- WRIT - C No. - 8922 of 2024

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Petitioner :- Raj Singh Respondent :- Distt. Magistrate Unnao And 2 Others Counsel for Petitioner :- Brijesh Kumar Verma Counsel for Respondent :- C.S.C.,Aasif Razzaque Khan

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the petitioner; Shri Amit Sharma, learned counsel for respondent no.3/Bank and Ms. Aprajita Bansal, learned counsel for Electricity Department.

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2. Present petition has been filed challenging the demand notice dated 06.04.2021 issued by respondent no.3 as well as the attachment certificate dated 10.09.2024 proposing to recover the amount due to the Bank as well as the Electricity Department.

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3. Learned counsel for the respondent/Bank, on instructions, states that the total amount due and payable by the petitioner is Rs.9,95,850/- as on 30.09.2024.

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4. Similarly, learned counsel appearing for Electricity Department, based upon instruction, states that the total amount due and payable is Rs.1,77,432/-.

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5. Learned counsel for the petitioner states that the petitioner is a poor agriculturalist and is ready and willing to pay the amount, however, seeks some reasonable time to pay the amount.

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6. In view of the said statement, the applicant is directed to pay Rs.1,77,432/- payable to the Electricity Department within a period of six weeks from today.

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7. Similarly, the amount of Rs.9,95,850/- owed to the Bank shall be paid by the petitioner in the following manner:

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first installment of Rs.1,50,000/- shall be paid on or before 31.12.2024;

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second installment of Rs.1,50,000/- shall be paid on or before 31.03.2025;

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third installment of Rs.1,50,000/- shall be paid on or before 30.06.2025;

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fourth installment of Rs.1,50,000/- shall be paid on or before 30.09.2025;

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fifth installment of Rs.1,50,000/- shall be paid on or before 31.12.2025;

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sixth and last installment shall be paid on or before 31.03.2026.

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8. The last installment shall include the remaining loan amount and overdue interest.

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9. In case the amounts are paid, as directed above, no recovery shall be affected from the petitioner.

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10. In the event of default, the recovery shall pursue against the petitioner.

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11. The land of the petitioner attached by the ADM shall be released forthwith.

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12. The writ petition is accordingly disposed off.

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Order Date :- 25.10.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Raj Singh v. Distt. Magistrate Unnao and 2 Others

Case brief

What is this about?

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Raj Singh v. Distt. Magistrate Unnao and 2 Others

Case brief

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What did the court decide?

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