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Vijay Bahadur v. State Of U.P. And Others - WRIT - C No. 14394 of 2006  RD-AH 5847 (9 March 2006)
Hon'ble R.K.Agrawal, J.
Hon'ble (Mrs.) Saroj Bala, J.
The petitioner has taken loan from the Bank. He had entered into an agreement with the said Bank to pay it back in instalments. The date of last instalment has not expired but the entire amount of loan is being recovered as arrears of land revenue as the petitioner could not pay some of the instalments. Hence the present writ petition.
We have heard Sri Pushpendra Singh Pandey, learned counsel for the petitioner, the learned Standing Counsel and Sri Tarun Verma, learned counsel appearing on behalf of the respondent no.4.
It is correct that in case of failure to pay instalment, the entire loan can be recovered but the petitioner has stated that (1) this is the first writ petition against the recovery, (2) under the agreement with the Bank the date of the last instalment has not expired but recovery of entire loan is being made as few intervening instalments could not be paid, (3) previous instalments could not be paid due to the circumstances beyond his control, (4) the petitioner is willing to pay the amount that was payable till today under the agreement (in case he had not defaulted) along with interest within two months, and (5) he shall pay the remaining instalments as per schedule agreed with the bank.
In view of above, in case the petitioner (1) deposits with the Bank the amount that was payable till today under the agreement (in case he had not defaulted) along with interest within two months and (2) pay the remaining instalments as per schedule agreed with the Bank, then the recovery proceedings shall be kept in abeyance. In case any amount, as mentioned above, is not paid in time, then it would be open to the respondents to recover the amount. If the instalments are deposited with the Bank, the recovery charges shall not be recovered from the petitioner. In case the petitioner deposits the amount within two months, as directed, the Bank shall supply him a statement of account on their making an application along with a self-addressed duly stamped envelope.
This order shall not affect any auction already held. In that event, the petitioners may take appropriate legal proceedings to set aside the auction under the U.P. Zamindari Abolition and Land Reforms Act, 1950 and the Rules framed thereunder or file a suit in accordance with law.
It is clarified that this order will not be operative in case the petitioner has filed any other earlier writ petition against this recovery
The petitioner will be released forthwith from this civil prison if detained.
With these directions, the writ petition is disposed of.
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