Allahabad High Court
Hare Ram Chaudhary vs State Of U.P. And Others on 28 July, 2010
Author: R.K. Agrawal
Bench: R.K. Agrawal
Court No. - 32 Case :- WRIT - C No. - 42913 of 2010 Petitioner :- Hare Ram Chaudhary Respondent :- State Of U.P. And Others Petitioner Counsel :- Ram Kishun Mishra Respondent Counsel :- C.S.C.,Rohit Agrawal Hon'ble R.K. Agrawal,J.
Hon'ble Satya Poot Mehrotra,J.
The contention of the petitioner is that he had deposited the entire amount of loan as per recovery citation dated 5th September, 2008 filed as Annexure 8 to the writ petition wherein a sum of Rs. 2,73,293/- plus interest was demanded. By our order dated 23.10.2008 the petitioner was permitted to deposit the amount outstanding against him in twelve equal monthly instalments. The submission is that even though the petitioner deposited whole amount of citation in instalments the amount of Rs. 1,74,571/- plus interest which was sought to be deposited as mentioned in the recovery citation dated 7.7.2010 is highly excessive and is not payable.
We find that the petitoner had deposited a sum of Rs. 2,73,000/- and odd between the period 17.11.2008 and 6th January, 2010 in equal monthly instalments but he had not deposited the interest which may have accrued at the outstanding amount on reducing balance, therefore, some amount is admittedly due and payable by the petitioner.
Learned standing counsel who represents respondent nos. 1, 2 and 3 and Sri Rohit Agarwal who represents respondent no.5 may file counter affidavit within three weeks. Rejoinder affidavit, if any, be filed within two weeks thereafter. List thereafter for admission.
As an interim measure it is provided that further proceedings pursuant to the citation dated 7.7.2010 filed as Annexure 11 to the writ petition shall remain stayed provided the petitioner deposites a sum of Rs. 60,000/- in cash with respondent no.5 within thirty days. In the event of default, the interim order shall stand discharged.
Order Date :- 28.7.2010 samz