Chhidda v. State of U.P. and 3 Others

Court No. - 6 Case :- WRIT - C No. - 35207 of 2023 Petitioner :- Chhidda Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jayant Prakash Singh Counsel for Respondent :- C.S.C.,Sanjai Singh Hon'ble Mrs. Manju Rani Chauhan,J.

¶1Heard Mr. Jayant Prakash Singh, learned counsel for the petitioner and Mr. Sanjai Singh, learned Standing Counsel for the respondent-Bank.

¶2With 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.

¶3The present petition has been filed with the following main prayers: "(i) issue a writ, order or direction, in the nature of certiorari to quash the alleged undated recovery notice/details of the claim of Rs. 407628/- + interest of 12% w.e.f. 01.04.2022 against the petitioner with 10% collection charges issued by Respondent No. 3 & 4.

(ii) Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 2 to 4 to provide accurate statement of account of agricultural card account (Krishi card computer No. TJS535336 Bhagyawan/serial No. 88 -6532) to the petitioner and also consider and decide the application of the petitioner dated

05.09.2023 regarding one time Settlement Scheme in accordance with law."

¶4Learned counsel for the petitioner submits that the petitioner took a loan of Rs. 2,75,556- in the year 2016 from the concerned Bank but due to some personal difficulty he could not maintain the regular payment of installments, therefore, Recovery Certificate dated 01.04.2022 of Rs. 4,07,628/- has been issued against him. He has further submitted that in the recovery certificate the name of father of the petitioner has been wrongly mentioned and the loan amount also seems incorrect.

¶5Learned 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.

¶6Learned counsel appearing for the Bank 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 him by the Bank.

¶7Considering 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. 25,000/- within one month from today. Thereafter the entire balance amount shall be deposited in six 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. Order Date :- 18.10.2023 SY High Court of Judicature at Allahabad