- (1.) Heard learned Counsel for the petitioner, learned Standing Counsel for the State respondents and Sri P.K. Tripathi, learned Counsel for the respondent-bank. Sri P.K. Tripathi, learned Counsel for the respondent-bank, upon instructions has made a statement that the two Tractors loan of the petitioner have been closed as entire amount outstanding therein has been deposited by the petitioner. It is only KCC loan, Account No. 30179764403, which is still lying in default and amount of Rs. 3,34,080/- was outstanding in the year 2011 and upto date interest thereon also be payable by the petitioner. Learned Counsel for the petitioner does not dispute the amount which is sought to be recovered from him. Petitioner submits that he is ready to deposit whole of the amount in easy instalments.
(2.) Learned Counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back.
(3.) 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 instalments. (ii) The first instalment shall be deposited within three months from today and rest of instalments shall be deposited at interval of three 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 instalments 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 undertake not to challenge. (iv) Petitioners 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 instalment 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. & 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 Tehsil authority (unless it has been auctioned) after deposit of first instalment and further as soon as the first instalment is paid, the property (agricultural land/tractor) of the petitioner 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 instalments are deposited as per the schedule fixed in this order, the recovery of the collection charges would remain in abeyance till such time the Collector decides the application that may be filed by the petitioner for determining collection charges/fee as per the legal provisions and also taking into consideration the Full Bench decision of this Court in the case of Mahrajwa and others v. State of U.P. and others., 2013 119 RevDec 717(FB) Upon determination of collection charges/fee the Collector will communicate the same to the petitioner and upon communication of the same it would be open to the petitioner to either deposit the same within a period of 30 days or if not satisfied with the same may assail the order of the Collector in appropriate proceedings. The writ petition stands disposed of with the aforesaid observation and direction.;