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Allahabad High Court · body

1986 DIGILAW 979 (ALL)

Brij Kishore v. State of U. P

1986-12-19

RAVI S.DHAVAN, V.K.KHANNA

body1986
JUDGMENT 1. The petitioner in this writ petition has challenged the recovery proceedings initiated at the instance of Respondent No. 2, Allahabad Bank. 2. Admittedly the petitioner has taken a loan from Respondent No. 2, Allahabad Bank Branch Bisanda, District Banda and has not repaid the same. If that be so, the recovery proceedings initiated against him cannot be said to be suffering from any error of law apparent on the face of the record requiring interference under Article 226 of the Constitution of India. 3. In the end the learned counsel for the petitioner has prayed that the petitioner is prepared to give an undertaking to this Court that he shall repay the entire outstanding demand within a reasonable time granted by this Court. We have heard Shri Shamsher Bahadur Singh, Advocate, appearing for Respondent No. 2, Allahabad Bank, on this question. 4. After taking into account the entire facts and circumstances of the case we accept the undertaking given by the petitioner. Further coercive process for realisation of the outstanding demand shall remain stayed for a period of six months from today subject to the condition that the petitioner pays the entire outstanding demand according to the final statement of accounts given by Respondent No 2 to the petitioner. The petitioner shall file a certified copy of our order before Respondent No. 2, and Respondent No. 2, shall furnish the final statement of accounts after taking into account all the valid payments made by the petitioner in respect of the loan taken by him from the respondent Bank. In case of default the respondent - bank will be entitled to recover the entire outstanding demand forthwith and will also be entitled to take legal proceedings for violating the undertaking given to this Court. 5. Subject to the aforesaid observations the present writ petition is dismissed in limine. 6. A certified copy of this order may be given to the learned counsel for the parties on payment of usual charges within 24 hours.