Kallu v. State of U.P. and 2 Others

Court No. - 6 Case :- WRIT - C No. - 35082 of 2023 Petitioner :- Kallu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipul Kumar Dubey,Manoj Kumar Dubey Counsel for Respondent :- CSC,Sanjai Singh Hon'ble Mrs. Manju Rani Chauhan,J.

¶1Heard learned counsel for the petitioner and Mr. Sanjai Singh, learned 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 quashing the impugned recovery notice dated 15.09.2023 issued by respondent No. 2 in pursuance of loan amount which relates to the petitioner.

(ii) To, issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent bank to fix the easy installments of the loan except the penalty and recovery charges as well as adjusting to deposited amount to secure the ends of justice. "

¶4Learned counsel for the petitioner submits that the petitioner took a loan of Rs. 58,000/- in the year 2011 from the concerned Bank but due to some personal difficulty he could not maintain the regular payment of installments, therefore, Recovery Citation dated 15.09.2023 of Rs. 1,88,405/- has been issued against him. He further submits that the petitioner is a handicapped person and is ready to deposit the loan amount in easy installments.

¶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 eight 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