Manpuran Prasad @ Manpuran Shukla v. State of U.P. and 4 Others

Court No. - 6 Case :- WRIT - C No. - 34428 of 2023 Petitioner :- Manpuran Prasad @ Manpuran Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Kumar Shukla,Rakesh Kumar Pandey Counsel for Respondent :- C.S.C.,Vivek Kumar Rai Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner and Mr. Vivek Kumar Rai, learned counsel for the respondent-Bank. With the consent of learned counsel for the parties, this writ petition is being finally disposed off at this stage without calling for a counter affidavit. The present petition has been filed with the following prayers: "(i) issue a writ, order or direction, in the nature of certiorari calling for the records and quashing impugned auction notice dated

09.08.2023 published in NEWS paper at serial no. 17 of gata no. 48/80 area .707 hectare, issued by respondent no. 4 for the recovery of Rs. 3,39,888/-.

(ii) issue a writ, order or direction, in the nature of mandamus directing the respondent no. 3 to give an opportunity to pay the due loan in easy installments and not adopt any coercive method auction notice dated 09.08.2023 published in NEWS paper;" Learned counsel for the petitioner submits that the petitioner took a loan of Rs. 50,000/- in the year 2009 from the concerned Bank but due to some personal difficulty he could not maintain the regular payment of installments, therefore, auction notice dated

09.08.2023 has been published in NEWS paper by respondent no. 4 for recovery of Rs. 3,39,888/-. 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. On the basis of instructions, learned counsel appearing for the bank submits that Rs. 3,39,888/-along with some interest is outstanding as per the account statement provided by the bank. He 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 off with the following directions:-

(i) Petitioner shall deposit a sum of Rs. 30,000/- by 17.11.2023. Thereafter the entire balance amount shall be deposited in four equal quarterly installments.

(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.

(vii) If the petitioner deposited the first installment and moves an application before the concerned Bank for granting the benefit of any scheme to which he is entitled, the Bank shall do the needful. Order Date :- 16.10.2023 Arti High Court of Judicature at Allahabad