- (1.) THE petitioner, Sayeed Jafar Imam, son of Jahid Husain, Resident of Village Sasundi Tehsil, and District Ghazipur, admits having taken a loan from the Union Bank of India in 1986 for Rs. 25,000-00 and, further, admits that the entire loan had not been discharged barring certain payments, the receipt of which the petitioner has appended as Annexure-I to the writ petition. THE contention of the petitioner is that the realisation of the amount as a public debt is irregular and, further, he is entitled to the benefit of a rebate under the Debt Exemption Scheme, 1990 (rin rahat yojana, 1990) and, thus, the recovery proceedings ought to be quashed with a further direction that the petitioner be given the requisite rebate as was promised by the U. P. Government.
(2.) WITH an admitted debt against a loan, the Court is not impressed with the submission that the amount should not be realised from the petitioner, more so, when it is long outstanding. On the second submission, the Court finds, upon a perusal of the Scheme, aforesaid, appended to the petition, that the rebate cannot be had for the asking. WITHout going into the merits, whether this Scheme is available to the petitioner or not, on a perusal of the Scheme, the Court notices that under clause 6, any debtor intending to claim a benefit under the Scheme must pay his debt in time and discharge the loan, except the amount on which he seeks rebate. Only, then he may contend that the concession of rebate be considered by the Government. The Scheme is not available to defaulters. It is only for those who pay their debts in accordance with the agreement. When the balance represents the amount on which the rebate is to be granted only then the appropriate authority may consider whether the debtor is entitled to a rebate as under the Scheme, depending upon nature of the debt and the purpose of the loan. Learned counsel for the petitioner submits that the petitioner is prepared to discharge the loan in instalments as shown in the recovery certificate, dated 6 August, 1993 (Anaexure-2 to the writ petition), amounting to Rs. 35,467-85 plus collection charges and interest should the Court order it so. With the undertaking as offered, the Court's directions are as hereinafter. The amount mentioned in the recovery certificate will be paid in four equal instalment and the amount which the petitioner has deposited with the Bank will be adjusted. The first instalment will be paid on or before 1 December, 1993. The next instalments will be paid within three months of the previous instalment. The last instalment will carry upto date interest plus half the recovery charges. On the last instalment being paid, the recovery proceedings shall be consigned to the record. During the instalment schedule fixed by this Court, the recovery proceedings shall remain in abeyance. Should there be any default in any of the conditions of this order, the recovery proceedings shall resume without reference to the Court.
(3.) AT the time when this order was passed, learned counsel for the Union Bank of India, Mr. S. Mohan, Advocate, was present. A certified copy of this order may be given to the learned counsel for the petitioner within two days on payment of scheduled charges.;