RAM SEWAK Vs. STATE OF U P
LAWS(ALL)-2012-9-252
HIGH COURT OF ALLAHABAD
Decided on September 06,2012

RAM SEWAK Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner and Sri Siddhartha, Advocate for respondent-Bank. Admittedly petitioner took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount. Petitioner submits that he is ready to deposit whole of the amount in easy installment. Learned counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back. Accordingly this petition is disposed of with the following directions: (i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in four equal installments. (ii) The first installment shall be deposited within two months from today, and rest of installments shall be deposited at interval of two months. These deposits shall be made before the Branch of the Bank from where the loan was taken. (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 the 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 after deposit of the first installment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted. (v) This order will not affect any auction if it has already taken place. In that event the petitioner may take appropriate legal proceedings to set aside the auction under U.P.Z.A. and L.R. Act and Rules 1952 or file a suit in accordance with law. (vi) Property (agricultural land/tractor) belonging to the petitioner, if attached in connection with recovery proceedings, will be released by the concerned Tahsil authority (unless it has been auctioned) after deposit of first installment and further as soon as the first installment is paid, the applicant shall also be released. (vii) If any fact stated by the petitioner is found to be incorrect, it will be open for the bank authorities to move an application for modification/recall of the order. (viii) In case all the installments are deposited as per the schedule fixed, the petitioner may approach the Collector concerned for waiving the recovery charges. In the event such an application is filed, it shall be dealt with in accordance with law by the authority concerned. The writ petition stands disposed of with the aforesaid observation and direction. ;


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