Allahabad High Court
Vishambhar Nath & Others vs S B I A D B Bahraich & Another on 15 July, 2010
Author: Rajiv Sharma
Bench: Rajiv Sharma
Court No. - 24 Case :- MISC. SINGLE No. - 2224 of 1991 Petitioner :- Vishambhar Nath & Others Respondent :- S B I A D B Bahraich & Another Petitioner Counsel :- Dr L P Mishra Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the petitioners and learned Standing Counsel.
By means of the instant writ petition, the petitioner has assailed the citation dated 13.11.1991 as contained in Annexure No. 1 to the writ petition. Further it has been prayed that opposite parties may be directed not to give effect the recovery on the basis of the impugned citation dated 13.11.1991 as contained in Annexure No.1 to the writ petition.
While entertaining the instant writ petition, this Court, as an interim measure, vide order dated 30.11.1991, stayed the recovery proceedings and further provided that it will be open to the petitioner to make deposit of money with opposite party No.1 towards satisfaction of the alleged loan and if any deposit is made, it will be accepted by the opposite party No. 1.
No counter affidavit has been filed till date.
Considering the peculiar facts and circumstances of the case, it is provided that in case the petitioner continues to make payment in terms of the interim order dated 30.11.1991, the recovery proceedings shall remain in abeyance and no coercive method shall be adopted against the petitioner. It is further provided that the petitioner will deposit the remaining balance of the outstanding dues in three equal quarterly instalments. The first instalment will fall due in October, 2010. The last instalment will also carry the interest amount. The instalments shall be paid by 5th to 15th of the calendar month. In case of default of the above conditions, the benefit of this order will not be extended to the petitioner and the respondents shall be entitled to recover the entire outstanding loan amount in one lump sum.
With these observations and directions, the writ petition is finally disposed of.
Order Date :- 15.7.2010 Ajit/-