Kunwar Sahab Singh v. Distt. Magistrate Pratapgarh and 2 Others

Court No. - 8 Case :- WRIT - C No. - 9113 of 2023 Petitioner :- Kunwar Sahab Singh Respondent :- Distt. Magistrate Pratapgarh And 2 Others Counsel for Petitioner :- Ashwini Kumar Ojha,Bhupendra Yadav Counsel for Respondent :- C.S.C.,Vinod Kumar Singh Hon'ble Pankaj Bhatia,J.

¶1The present petition has been filed by the petitioner alleging that the father of the petitioner had taken some loan and after his death, the loan is being sought to be recovered against the petitioner, being a legal heir.

¶2It is argued that on 30.09.2023, the respondent Bank had issued a policy for giving substantial reliefs in the case of the borrowers who have died.

¶3In terms of the said argument, this Court had called for instructions from the respondent Bank. The Counsel for the respondent Bank on instructions states that although the dues shown against the petitioner was 3,41,698/-, after giving the benefit of the scheme, the total outstanding dues payable by the petitioner is Rs1,58,440/-.

¶4The Counsel for the petitioner on instructions states that the petitioner is willing and ready to pay the amount if he may be granted some reasonable time.

¶5Considering the submissions made at the bar, the present writ petition is disposed off holding that no coercive action shall be taken against the petitioner, in case, the petitioner pays half of the total outstanding of Rs.1,58,440/- on or before 31.12.2023 and balance half of the amount along with interest accrued by

31.03.2024.

¶6It is clarified that the petitioner would be required to pay interest only on the half of the amount i.e. Rs.79,220/- for the period 31.12.2023 to 31.03.2024.

¶7In the outstanding amount as directed above shall not be paid, the respondent Bank would be at liberty to recover the amount in accordance with law. Order Date :- 19.10.2023 akverma High Court of Judicature at Allahabad, Lucknow Bench