Qamar Husain v. State of U.P. and 2 Others

Court No. -6 Case :-WRIT -C No. -33148 of 2023 Petitioner :-Qamar Husain Respondent :-State Of U.P. And 2 Others Counsel for Petitioner :-Rajesh Kumar Tiwari,Brij Raj Verma Counsel for Respondent :-C.S.C.,Manoj Nigam Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Rajesh Kumar Tiwari, learned counsel for the petitioner, Mr. Ravi Prakash, Advocate appearing on behalf of Mr. Manoj Nigam, learned counsel for respondent no.3-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. The present petition has been filed by the petitioner with prayer to direct the respondent-Bank to accept the outstanding loan amount in easy installment without effecting the attachment notice dated 28.08.2023 and a further prayer to direct the respondents not to take collection charges and provide a copy of the statement of loan account to the petitioner. Learned counsel for the petitioner submits that the petitioner had taken loan of Rs.4,00,000/-from the respondent-Bank, for agricultural purpose in the year 2014. 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. He further submits that the respondent-Bank has issued an attachment notice dated 28.08.2023 against the petitioner showing an amount of Rs.11,69,699/-alongwith interest and other payable charges. 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.50,000/- of the amount on or before 18th December, 2023. Thereafter, the entire balance amount shall be deposited in ten 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 :- 16.11.2023 Kalp Nath Singh High Court of Judicature at Allahabad