Allahabad High Court
Jagat Narayan Tiwari vs The State Of U.P Thru. Collector Amethi ... on 1 May, 2023
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- WRIT - C No. - 3520 of 2023 Petitioner :- Jagat Narayan Tiwari Respondent :- The State Of U.P Thru. Collector Amethi And 2 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.,Avdhesh Shukla Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State as well as learned counsel for the Bank Sri Avdhesh Shukla.
By the present writ petition, the petitioner has challenged the recovery citation dated 26.11.2022, Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire loan amount with the respondent-Bank in easy installments.
Learned counsel for the respondents have no objection in case the petitioner deposits the loan amount in installments.
In view of aforesaid, with the consent of parties counsel, the following order is passed:
The petitioner is permitted to deposit an amount of Rs.1,00,000/- with the respondent-Bank within a period of one month from today and rest of the amount to be paid by the petitioner in equal quarterly installments within a period of three years from today. On deposit of amount, the bank shall provide statement of account to the petitioner. The interest shall be paid with the last installment. It is made clear that no other charges shall be recovered from the petitioner in view of law settled by this Court in Writ Petition No.13628 (MS) of 2017: Krishna Bahadur Singh and another vs. Collector, Bahraich and others.
The amount, which is already deposited by the petitioner, shall be taken into consideration while fixing the installments. Subject to the said payments, the recovery notice dated 26.11.2022 shall remain stayed.
In case of two consecutive failures of installments, it shall be open for the respondent authorities to initiate recovery proceedings against the petitioner in accordance with law.
With the aforesaid, the writ petition is disposed of.
(Vivek Chaudhary,J.) Order Date :- 1.5.2023 Arjun/-