Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 1004 (ALL)

Om Prakash v. State of U. P.

2016-03-17

AMAR SINGH CHAUHAN, VIKRAM NATH

body2016
JUDGMENT Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri G.P. Srivastava, learned counsel for the respondent bank. 2. Learned counsel for the petitioner does not dispute the amount which is sought to be recovered from him. 3. Admittedly, the petitioner took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount. Petitioner submits that he ready to deposit whole of the amount in easy installments. Learned counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back. 4. Accordingly this petition is disposed of with the following directions: (i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in four equal quarterly installments. (ii) The first installment shall be deposited by 31.3.2016 and rest of installments shall be deposited at interval of three 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 or file a suit in accordance with law. (vi) Seal of the Property belonging to the petitioner, if attached in connection with recovery proceedings, will be opened by the concerned Bank authority after deposit of first installment and further as soon as the amount due is paid, the property 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. (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 instalments are deposited as per the schedule fixed in this order, the recovery of the collection charges would remain in abeyance till such time the Collector decides the application that may be filed by the petitioner for determining collection charges/fee as per the legal provisions and also taking into consideration the Full Bench decision of this Court in the case of Maharajwa and others versus State of U.P. and others, reported in 2013(1) ADJ 426 (FB). Upon determination of collection charges/fee the Collector will communicate the same to the petitioner and upon communication of the same it would be open to the petitioner to either deposit the same within a period of 30 days or if not satisfied with the same may assail the order of the Collector in appropriate proceedings. 5. The writ petition stands disposed of with the aforesaid observation and direction.