Allahabad High Court
Krishna Chand vs State Of U.P. And 3 Others on 19 July, 2019
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- WRIT - C No. - 23322 of 2019 Petitioner :- Krishna Chand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babu Lal Ram,Sushil Kumar Counsel for Respondent :- C.S.C.,Pashupati Nath Tripathi Hon'ble Ajit Kumar,J.
The petitioner by means of present writ petition has challenged the recovery certificate dated 24.6.2019 for some of Rs. 862784/- on the ground that respondent bank arbitrarily acted in the matter and in three different dates it has exceeded the amount without providing any statistic to the petitioner regarding interest charged and outstanding dues pending against the petitioner. It is further submitted that loan was taken by him and he could not pursue the benefit of the Debt Recovery Waved Scheme of 2008 otherwise petitioner was entitled for redemption upto Rs.1,00000/- He further submits that he has no intention to remain defaulter and would like to get the loan amount repaid as early as possible.
Sri P.N.Tripathi, learned counsel for the respondent bank undertakes that the bank will consider the application sympathetically, however, the petitioner should deposit some substantive amount to demonstrate his bona fide.
In view of above, it is hereby directed that if petitioner deposits Rs. 2,50,000/- by 25th August, 2019 and moves application for consideration of his claim for redemption of loan upto Rs. one lac as per redemption policy 2008 and further consideration regarding payment, the bank shall consider the same and shall pass appropriate order in writing. Needles to say it should be reasoned and speaking order. The bank shall also provided statement of account to the petitioner while passing the final order. Further payment of amount of dues to the bank by the petitioner shall depend upon final order to be passed by the bank. However, it is made clear that in the event of default by the petitioner in depositing the amount of Rs. 2,50,000/- as directed hereinabove, the bank shall be at liberty to proceed in accordance law to recover the dues .
The writ petition is disposed of with the aforesaid observations and directions.
Order Date :- 19.7.2019 Sanjeev