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Allahabad High Court · body

2014 DIGILAW 2430 (ALL)

Babu Ram v. State of U. P.

2014-08-11

ABHINAVA UPADHYA

body2014
JUDGMENT Hon'ble Abhinava Upadhya, J. Heard learned counsel for the petitioners and Sri P.N.Tripathi, learned counsel appearing for respondent No. 3. Learned Standing Counsel appeared for respondents No. 1&2. 2. With the consent of learned counsel for the parties, the writ petition is being finally disposed of. 3. By means of this writ petition, the petitioner has prayed for quashing the citation dated 31.5.2014 for recovery of an amount of Rs.8,85,956/-. The petitioner had taken a loan of Rs.3,70,000/- in the year 2008. On default being committed, the recovery has been initiated. 4. Learned counsel for the petitioners submits that the petitioner accepts the entire liability and is ready to deposit the entire amount provided he is given some reasonable time to deposit the amount. 5. Learned counsel for the respondent-Bank submits that the Bank has no objection provided the petitioner deposits the entire outstanding amount within the time allowed by this Court and on default being committed by the petitioner in depositing the amount, the Bank may be given liberty to proceed further in the matter. 6. Considering the facts and circumstances of the present case, ends of justice would be served in disposing of the writ petition with the following directions: 1. The petitioner shall deposit the entire outstanding amount in six equal installments after two months each and the first installment shall be paid within fifteen days from today and thereafter within every two months. 2. After the deposit of the first installment, the Bank shall provide a statement of account to the petitioners after adjusting the amount deposited by the petitioner and subsequent installments shall be paid accordingly. 3. The petitioner shall deposit the installments with the Bank. 4. If the petitioner deposits the entire amount as aforesaid with the respondent, Bank, no recovery charges shall be taken from them. 5. Subject to payment as directed above, no coercive action shall be taken against the petitioner by the respondents. 6. In the event of petitioner committing any default in depositing the amount as directed above, the respondents will be at liberty to proceed against the petitioner in accordance with law and the recovery proceeding shall be revived and the writ petition would stand dismissed without any fresh order being passed in this regard. With the aforesaid observations/directions, the writ petition is finally disposed of.