Smt Munni Devi and Another v. State of U.P. and 4 Others

Court No. - 6 Case :- WRIT - C No. - 37815 of 2023 Petitioner :- Smt Munni Devi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manvendra Singh Counsel for Respondent :- C.S.C,Parshuram Chaubey Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner, learned Standing Counsel for State-respondent and learned counsel for respondent-bank. Learned counsel for the respondent-bank submits that the petitioner has already approached the court by means of Writ-C No. 6282 of 2019 and on 22.02.2019, the following order has been passed:- "1. Heard learned counsel for the petitioner and Sri Parshuram Chaubey, learned counsel for the respondent bank.

¶2With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage without calling for a counter affidavit.

¶3By this writ petition, the petitioner has prayed for quashing recovery notice dated 21.1.2019 for Rs.5,23,800/- plus other charges.

¶4The petitioner had taken a loan of Rs. 5,50,000/- for agricultural purpose. It is admitted to the petitioner that a default has been committed by the petitioner in making timely repayments of that loan. Consequently, recovery proceedings have been initiated against him.

¶5Learned counsel for the petitioner submits that the petitioner is ready 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. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.

¶7On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with the following directions:

i) The petitioner shall deposit the entire amount due to the bank in five installments beginning from 20.3.2019.

ii) By way of first installment, the petitioner shall deposit Rs. 1,25,000/- on or before the date 20.3.2019.

(iii) On depositing the aforesaid amount of Rs. 1,25,000/-, the respondent bank shall provide a statement of account to the petitioner within two weeks thereafter disclosing the exact amount disbursed by the bank as loan; exact amount/s repaid by the petitioner together with dates of deposit; rate of interest and amount/s of interest charged by the bank. Such statement be expressed in such terms/language as may be easy to comprehend even by a lay-man such as the petitioner.

(iv) The bank shall in the statement so supplied, itself calculate & indicate the amount/s of each installment together with the date of payments due.

(v) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining four equal quarterly installments from

20.6.2019 onwards.

(vi) If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner.

(vii) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage. " Accordingly, it is directed that the petitioner shall pay first installment of Rs. 1,25,000/- on or before the date 20.03.2019. The petitioner has not able to show that single penny has been deposited after the aforesaid order. In view of the aforesaid, this second writ petition is, accordingly, dismissed. Order Date :- 2.11.2023 Arti High Court of Judicature at Allahabad