Angoori Devi v. State of U.P. and 3 Others

Court No. - 6 Case :- WRIT - C No. - 35422 of 2023 Petitioner :- Angoori Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Prakash Srivastava,Pradeep Kumar Srivastava Counsel for Respondent :- C.S.C.,Brahmanand Singh Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Ravi Prakash Srivastava, learned counsel for the petitioner, Mr. Brahmanand Singh, learned counsel for respondent no.4-Bank and learned Standing Counsel for State-respondents. 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. This writ petition has been filed by the petitioner with the following prayer:- "(a) Issue a writ, order or direction in the nature of Certiorari quashing the

Impugned

demand

notice/Recovery

Certificate No.20212416731000937 dated 08.11.2021 (Annexure No.1 to the writ petition) issued by the respondent no.4/the bank.

(b) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.4/the Bank to allow the petitioner to deposit the total due amount of Rs.14,12,123/-(Fourteen Lakhs Twelve Thousand One Hundred Twenty Three Only), in easy installments. .........." Learned counsel for the petitioner submits that the petitioner had taken two loans under the financial facility of Krishak Sathi Yojana. Loan amount of Rs.1,82,000/-and Rs.9,00,000/-were sanctioned in favour of the petitioner. He has paid the installments of the loan amount from time to time, but due to some personal difficulty he could not deposit few installments, therefore, a recovery certificate dated 08.11.2021 amounting to Rs.14,12,123/-was issued by respondent no.4-Bank. Learned counsel for the petitioner further 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 deposit the amount within the time granted by this Court, no further action shall be taken against them 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.1,00,000/- of the amount on or before 5th December, 2023. 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 commit 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 undertake 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 :- 31.10.2023 Kalp Nath Singh High Court of Judicature at Allahabad