Allahabad High Court
Bhopendra Singh vs State Of U.P. And 2 Others on 2 December, 2019
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- WRIT - C No. - 39395 of 2019 Petitioner :- Bhopendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamini Pandey (Dubey),Anand Kumar Pandey Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner and Shri K.M. Asthana, learned counsel for the respondent-Bank.
With the consent of learned counsel for the parties, this writ petition is being finally disposed off at this stage without calling for a counter affidavit.
By this writ petition, the petitioner has prayed for quashing the impugned recovery citation dated 30.08.2019 and recovery certificate dated 12.08.2019 for Rs. 4,82,075/- plus other charges.
The petitioner had taken a loan of Rs.4,50,000/- for agricultural purpose in the year 2014. It is admitted to the petitioner that a default has been committed by him in making timely repayments of that loan. Consequently, recovery proceedings have been initiated against him.
Learned counsel for the petitioner submits that the petitioner is ready and willing to deposit the entire recovery amount as claimed by the respondent-bank within the time fixed by this Court.
Learned counsel appearing for the Bank fairly states that the Bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the Bank.
On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed off with the following directions:
(i) The petitioner shall deposit the entire amount due to the bank in six quarterly installments.
(ii) By way of first installment the petitioner shall deposit Rs. 85,000/- on or before 02.01.2020.
(iii) On depositing the aforesaid amount of Rs.85,000/-, the respondent-Bank shall provide a statement of account to the petitioner within two weeks thereafter disclosing the exact amount disbursed by the bank as loan; exact amount/s repaid by the petitioner together with dates of deposit; rate of interest and amount/s of interest charged by the bank. Such statement be expressed in such terms/language as may be easy to comprehend even by a lay-man such as the petitioner.
(iv) The bank shall in the statement so supplied, itself calculate & indicate the amount/s of each installment together with the date of payments due.
(v) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining three equal quarterly installments.
(vi) If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner as admittedly, he is a farmer in default.
(vii) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage.
The writ petition is disposed off in the above terms.
Order Date :- 2.12.2019 Ajeet