Allahabad High Court
Jaipal Singh And Others vs State Of U.P. And Others on 15 December, 2010
Author: V.K. Shukla
Bench: V.K. Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- WRIT - C No. - 72542 of 2010 Petitioner :- Jaipal Singh And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Santosh Tripathi,Manoj Tiwari Respondent Counsel :- C.S.C.,A.K. Misra Hon'ble V.K. Shukla,J.
Heard learned counsel for the petitioner and Sri A.K. Mishra, Advocate for respondent-Bank.
Admittedly petitioner took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount. Petitioner submits that he is ready to deposit whole of the amount is easy installment. Learned counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back Accordingly this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank/Samiti in six equal installments. In calculating the arrears the amount (if any) already paid will be adjusted.
(ii) The first installment may be deposited within two months from today, and rest of installments be deposited at the interval of two months. These deposits may be made before the Branch of the Bank from where the loan was taken.
(iii) During this period recovery proceedings will be kept in abeyance. In case petitioner defaults in depositing any of the installments within the above stipulated time, it will be open to the respondents to start recovery proceedings again by taking coercive process at once to which the petitioner undertakes not to challenge.
(iv) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner after deposit of first installment within fifteen days.
(v) This order will not affect any auction if it has already taken place. In that event the petitioner may take appropriate legal proceedings to set aside the auction under U.P.Z.A & L.R. Act and Rules 1952 or file a suit in accordance with law.
(vi) It is clarified that this order will be operative and will not come in the way of recovery process in any manner, if any other writ petition has been filed before this Court against the recovery proceeding for the loan amount.
(vii) Property (agricultural land/tractor) belonging to the petitioner, if attached in connection with recovery proceedings, will be released by the concerned Tahsil authority (unless it has been auctioned) after deposit of first installment and further moment first installment is paid the applicant shall also be released.
(viii) if any fact given from the side of the petitioner is found to be incorrect by bank authorities, it will be open for them to move an application for modification/recall of the order.
(ix) In case all the installments are deposited as per schedule fixed, the petitioner may approach the Collector concerned for waiving of recovery charges. In the event of any such application being filed, same shall be dealt with in accordance with law by the authority concerned.
With the aforesaid observation and direction, writ petition stands disposed of.
Order Date :- 15.12.2010 SRY