Narendra Singh v. State of U.P. and 3 Others

Court No. - 6 Case :- WRIT - C No. - 27627 of 2023 Petitioner :- Narendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Shukla,Prem Sagar Verma Counsel for Respondent :- CSC,Manoj Nigam Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner and Sri Manoj Nigam, learned counsel for the respondent-Bank. With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage without calling for counter affidavit. The present petition has been filed with the following prayers:

(i) issue a writ, order or direction, in the nature of certiorari for quashing the proceedings in pursuance of the Recovery Citation dated 13.04.2023 issued by respondent no.3, Tehsildar, Tehsil Aliganj, Etah against the petitioner.

(ii) issue a writ, order or direction, in the nature of mandamus directing the respondent nos. 2 and 3 to recover the loan amount in installment from the petitioner which will be paid by the petitioner in stipulated time. Learned counsel for the petitioner submits that the petitioner took a loan of Rs. 80,000/-in the year 2014 from respondent no.4/ the concerned Bank but due to some personal difficulty he could not maintain the regular payment of installments, therefore, Recovery Citation dated 13.04.2023 has been issued against him. Learned counsel for the petitioner submits that the petitioner is ready and willing to deposit the entire recovery amount within the time fixed by this Court. Learned counsel appearing for the Bank informs the Court that as on date the outstanding amount is Rs. 1,05,380/-. Learned counsel fairly states that the Bank is interested in realizing the entire amount alongwith interest and if the petitioner deposits the amount within the time granted by this Court, no further action shall be taken against the him by the Bank. Considering the facts and circumstances of the case and in the interest of justice, the present writ petition is disposed of with the following directions:-

(i) Petitioner shall deposit a sum of Rs. 30,000/- within one month from today. Thereafter, the entire balance amount shall be deposited in six equal quarterly installments. The respondent bank shall provide statement of account after the first installment is deposited.

(ii) The installments shall be deposited in first week of respective calendar month.

(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 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 within fifteen days from the date of deposit of the first installment and in calculating the arrears, the amount (if any) already paid be adjusted.

(v) If the entire amount is deposited by the petitioner, as directed above, no recovery charges shall be realized from the petitioner.

(vi) If any fact stated by the petitioner is found to be incorrect, it will be open for the authorities to move an application for modification/recall of the order. Order Date :- 12.10.2023 Madhurima High Court of Judicature at Allahabad