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Uttarakhand High Court · body

2005 DIGILAW 17 (UTT)

Har Chand Singh v. District Magistrate

2005-02-09

RAJESH TANDON

body2005
JUDGMENT Hon'ble Rajesh Tandon, J.- Heard Sri S.K. Mandai, learned counsel for the petitioner and learned standing counsel for the respondents. 2. By the present writ petition, the petitioner has prays for a writ, order or direction in the nature of certiorari quashing the recovery citation dated 30.10.2004 issued by the respondent no. 2. 3. According to the petitioner, his father had taken agricultural loan for purchasing the Tractor of sum of Rs. 2,00,000/- on 05.07.2002. The loan amount had to be paid within 7 years from the month of December, 2002. 4. The respondent Bank has fixed six monthly instalment @ Rs. 25,000/-. According to the case of the petitioner, he has paid Rs. 20,000/- on 31.12.2002, Rs. 2,000/- on 12.07.2003, Rs. 50,000/- on 22.12.2003, Rs. 35,000/on 01.06.2004, Rs. 40,000/- on 04.07.2004 totalling amount 1,47,000/- towards the loan amount. 5. Father of the petitioner had also taken agricultural loan for the seasonal crops of Rs. 75,000/- on 21.01.2000, the same had to pay within five years. 6. Petitioner has alleged that his father died and further the family separation took place and during the course of partition, the tractor was given to the petitioner and he was held responsible for the payment of loan of the tractor. The crop loan has to be paid by his elder-brother but he did not pay the same. The payment of the tractor loan is not a default. The default is on the part of the brother of the petitioner. 7. The petitioner has alleged that no account has been furnished by the Bank so as to enable him to come to the conclusion that the citation made is correct. 8. In the case of Central Bank of India P. Ravindra and others, AIR 2001 SC 3095 the Apex Court has observed: "Statement of accounts supplied by banks to borrowers many a times do not contain particulars or details of debit entries and when written in hand are worse than medical prescriptions putting to test the eyes and wits of the borrowers. Instances of unscrupulous, unfair and unhealthy dealings can be multiplied though they cannot be generalized.” Therefore, the Bank authorities are directed to furnish the account to the petitioner on production of certified copy of this order. 9. Instances of unscrupulous, unfair and unhealthy dealings can be multiplied though they cannot be generalized.” Therefore, the Bank authorities are directed to furnish the account to the petitioner on production of certified copy of this order. 9. The petitioner has prayed that he being small farmer, if the amount is realized by him through easy instalments it will serve the purpose of the Bank and will also give relief to the petitioner, who is a small farmer. In my opinion, the interest of Bank will be fully secured, if the petitioner pays the amount in eight equal four monthly instalments. 10. In view of the aforesaid, the petitioner is directed to pay the entire outstanding loan amount taken for tractor in eight four monthly instalments. The first instalment will be paid by or before 7th of March, 2005. The amount of interest will be paid in the last instalment. In case of default of any instalment, the liberty given to the petitioner to pay the loan amount in instalments shall no more be available. 11. Subject to the above observation the writ petition is disposed of. No order as to costs.