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Allahabad High Court · body

2014 DIGILAW 2943 (ALL)

Anoop Kumar Shukla v. State of U. P.

2014-09-22

D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA

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JUDGMENT Devendra Kumar Upadhyaya, J. The petitioner has sought to question the legality of an auction notice issued by the second and third respondents on 28 August 2014 for the recovery of outstanding dues in respect of a loan which was granted in 1984. 2. When the petition came up for hearing this morning, the learned counsel appearing on behalf of the petitioner sought a short adjournment to take instructions on whether the petitioner would be ready and willing to deposit the outstanding amount in instalments so as to save the house property from being auctioned. Accordingly, the Court has been informed that the petitioner is ready and willing to pay the outstanding dues in instalments. Learned counsel appearing on behalf of the second and third respondents has stated, on instructions, that the total outstanding dues, as on date, are Rs.5,55,413/-. 3. Accordingly, it has been agreed between the petitioner and the second and third respondents before the Court through their learned counsel that the petitioner shall pay the entire amount of outstanding dues in eight monthly instalments. The petitioner is ready to pay the first instalment on or before 31 October 2014 while the other instalments shall be paid on or before the last day of each succeeding month. Hence, by consent, the following order is passed: - (i) The total outstanding amount to be paid, as on date, is Rs. 5,55,413/-; (ii) The petitioner shall pay the outstanding amount together with interest in eight monthly instalments. The first seven instalments would be of Rs.70,000/-. The first instalment shall be payable on or before 31 October 2014. The subsequent instalments shall be payable on or before the last day of each succeeding month; (iii) Upon the payment of first seven instalments, the second and third respondents shall provide to the petitioner a complete statement of account of the total amount paid and the balance amount which is due and payable under the last i.e. eighth instalment which will be paid within one month from the date of furnishing the statement of account. 4. In the event, the petitioner complies with the time schedule, as indicated in the consensual arrangement as noted above, no adverse steps shall be taken by the second and third respondents to auction the house property for the recovery of dues. 4. In the event, the petitioner complies with the time schedule, as indicated in the consensual arrangement as noted above, no adverse steps shall be taken by the second and third respondents to auction the house property for the recovery of dues. However, in the event of default in payment of any instalment or a part thereof, the second and third respondents shall be at liberty to proceed in accordance with law for the recovery of the outstanding amount. 5. No other point has been urged. The petition shall stand disposed of in the aforesaid terms. There shall be no order as to costs.