Sagar v. State of U.P. and 3 Others

Court No. - 6 Case :- WRIT - C No. - 34672 of 2023 Petitioner :- Sagar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Santosh Kumar Mishra, learned counsel for the petitioner and Mr. Arvind Singh, learned counsel for respondent no.4 i.e. 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 by the petitioner with a prayer to quash the impugned recovery citation dated

30.12.2017 issued by respondent no.3. It is further prayed to direct the respondents to permit the petitioner to deposit the amount of loan i.e. Rs.2,56,990/-in easy installments. Learned counsel for the petitioner submits that the petitioner had taken loan of Rs.90,000/-in the year 2013 for establishing milk dairy. 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, recovery citation without giving any notice and statement of the loan account, has been issued against him. 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 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.50,000/- of the amount on or before 02nd January 2024. Thereafter, the entire balance amount shall be deposited in three 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 :- 1.12.2023 Rahul. High Court of Judicature at Allahabad