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Allahabad High Court · body

2016 DIGILAW 2482 (ALL)

Susheel Kumar v. State of U. P.

2016-07-18

ASHWANI KUMAR MISHRA

body2016
JUDGMENT Ashwani Kumar Mishra,J. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos.1 and 2. 2. It is stated that petitioner has taken loan for agricultural purposes, but the same could not be repaid as per the terms of agreement. This writ petition has been filed with the averment that petitioner is ready and willing to deposit the amount, in case the petitioner is permitted to do so in instalments. 3. Considering the nature of the order proposed to be passed today, notice need not be issued to respondent no.3, and the writ petition is being disposed of, at this stage, itself. However, liberty is reserved to the said respondent to apply for its recall, in case he feels so aggrieved. 4. Having regard to the fact that petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner: (i) Petitioner shall deposit a sum of Rs.1,25,000/- with the respondent Bank by 31st August, 2016. (ii) In case the amount, as indicated above, is deposited by the date fixed, the respondent Bank shall provide a fresh schedule for re-payment of balance amount in four quarterly instalments, and the same shall be deposited by the petitioner, accordingly. (iii) No recovery charges shall be recovered from the petitioner by the respondent authorities. (iv) Till 31st August, 2016, and thereafter during period of deposit of instalments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing initial amount or thereafter instalments within the stipulated time, it will be open for the respondents to start recovery proceedings against the petitioner. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs.