Allahabad High Court
Netrapal Singh vs State Of U.P. And 3 Others on 19 November, 2019
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- WRIT - C No. - 37519 of 2019 Petitioner :- Netrapal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Karan Patel Counsel for Respondent :- C.S.C.,Amrish Sahai Hon'ble Vivek Varma,J.
Heard Sri Raj Karan Patel, learned counsel for the petitioner and Sri S.B. Singh, holding brief of Sri Amrish Sahai, learned counsel for respondent-Bank.
The petitioner has taken agricultural loan of Rs.4,88,439.67/- from the respondent no.4-Bank on 10.02.2016. After taking loan, the petitioner has deposited Rs.22,500/- on 04.08.2018. Thereafter, due to some difficulties, the petitioner could not deposit the regular installments. Meanwhile, on 29.09.2018, the respondent-Bank has issued a recovery certificate for recovery of Rs.5,61,612/-.
Learned counsel for the petitioner submits that petitioner is ready to deposit the entire amount within the time fixed by this Court.
Learned Counsel for the respondent-Bank has no objection in accepting the amount in easy instalments.
Accordingly, this petition is disposed off with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in four equal installments.
(ii) The first installment shall become payable on 23rd December, 2019 and rest three installments shall be paid by the petitioner on 23rd day of each succeeding months. These deposits shall be made before the Branch of the Bank from where the loan was taken.
(iii) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start the recovery proceedings again by taking coercive process to which the petitioner undertakes not to challenge.
(iv) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner after deposit of the first installment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.
(v) This order will not affect any auction if it has already taken place. In that event the petitioner may take appropriate legal proceedings to set aside the auction under U.P.Z.A & L.R. Act and Rules 1952 or file a suit in accordance with law.
(vi) Property (agricultural land) belonging to the petitioner, if attached in connection with recovery proceedings, will be released by the concerned Tahsil authority (unless it has been auctioned) after deposit of first installment and further as soon as the first installment is paid, the property (agricultural land) of the petitioner shall also be released.
(vii) If any fact stated by the petitioner is found to be incorrect, it will be open for the bank authorities to move an application for modification/recall of the order.
(viii) In case all the installments are deposited as per the schedule fixed, the petitioner may approach the Collector concerned for waiving the recovery charges. In the event such an application is filed, it shall be dealt with in accordance with law by the authority concerned.
With the aforesaid observations, the writ petition is finally disposed off.
Order Date :- 19.11.2019 Ajeet