Ashok Chaubey v. State of U.P. and 2 Others

Court No. - 6 Case :- WRIT - C No. - 34334 of 2023 Petitioner :- Ashok Chaubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Singh,Raj Kumar Singh 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 quashing the order dated 17.05.2023 passed by respondent no. 3 by which issued auction notice regarding auction of the mortgage land relates to the petitioner as well as order dated 15.09.2023 passed by respondent no. 2 for permission of the auction to mortgage property of the petitioner.

(ii) issue a writ, order or direction, in the nature of mandamus directing to the respondent bank shall deposit the amount without any penal interest if any in easy installment.

(iii) ........" Learned counsel for the petitioner submits that the petitioner took a loan of Rs.60,000/-in the year 2006 from the concerned Bank but due to some personal difficulty he could not maintain the regular payment of installments, therefore, order dated 17.05.2023 passed by respondent no. 3 by which issued auction notice regarding auction of the mortgage land relates to the petitioner as well as order dated 15.09.2023 passed by respondent no. 2 for permission of the auction to mortgage property of the petitioner. 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 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. 25,000/- by 3rd November, 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. Order Date :- 26.10.2023 Arti High Court of Judicature at Allahabad