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2019 DIGILAW 1860 (ALL)

Raghvendra Pratap Singh v. State of U. P.

2019-08-01

ALOK MATHUR, D.K.UPADHYAY

body2019
JUDGMENT : D.K. Upadhyay, Alok Mathur, JJ. 1. Heard learned counsel for the petitioner, learned State counsel and Sri Kapish Srivastava, learned counsel representing the respondent-Bank. 2. This writ petition has been filed challenging the recovery proceedings initiated against the petitioner for payment of amount of Rs.5,19,381 plus other dues. 3. Learned counsel for the petitioner states that the petitioner does, not dispute the liability, however, he submits that facility, of depositing the entire amount in easy instalments may be provided. 4. Learned counsel appearing for the respondent-Bank does not have any objection if the facility of deposition of the dues in instalments is permitted. 5. Accordingly, this writ petition is finally disposed of with following directions: (1) The respondent-Bank shall provide the statement of account to the petitioner within ten days from today and shall also intimate the petitioner the up to, date total amount due against him. (2) Once the statement of account and total amount due against the petitioner is intimated by the respondent-Bank, the petitioner shall pay the same in six easy quarterly instalments, first of which shall fall due on 1st October, 2019. Accordingly; the petitioner shall deposit the first instalment on or before 1st October, 2019. (3) We further direct that if any amount has been deposited by the petitioner with the Tehsil authorities, the same as per Rules shall be remitted by the Tehsil authorities to the respondent-Bank within one week from today and while calculating total amount due against the petitioner, the said amount shall be adjusted as per Rules. (4) Rest of the amount shall be deposited by the petitioner in instalments as observed above. The instalments to be deposited by the petitioner under this order shall be paid directly in the Bank for which no recovery charges shall be leviable either by the respondent-Bank or Tehsil authorities. (5) In case the petitioner abides by the terms of this order, the recovery proceedings initiated against him shall remain deferred. However, in case of default of any of the terms of this order, it shall be open for the respondent-Bank authorities to make recovery of the amount due against the petitioner in accordance with law. 6. The State counsel shall communicate this order to the Tehsildar concerned.