High Court of Judicature at Allahabad
Case Law Search
Khuviya v. State Of U.P. And Others - WRIT - C No. 20177 of 2006  RD-AH 7678 (13 April 2006)
Civil Misc. Writ Petition No. 20177 of 2006
State of U.P. and others
Hon'ble A. K. Yog, J.
Hon'ble V. C. Misra, J.
Heard learned counsel for the petitioner and learned counsel appearing on behalf of contesting respondents.
In view of the pleadings and submissions made by counsel for the concerned Bank we direct that that the respondents, their agents, servants, employees, officers etc. shall not proceed to recover the loan amount in question or proceed with attachment/ auction sale etc. (subject matter of this Writ Petition), provided the petitioner/s make deposits as follows:-
1. Petitioner shall make an initial deposit of Rs.20,000/-within one month from today.
2. Petitioner shall be liable to pay balance amount-payable in 6 equal quarterly instalments- on or before 30th of the relevant month; instalment period for computing 1st instalment shall commence from the day following the day when one month period referred in clause 1 shall end.
3. Petitioner shall approach the Respondent-Bank in writing, while paying 5th instalment and on so being approached, the Bank shall furnish, within three weeks of receipt of request, detailed account statement giving full particulars indicating all past deposits and dues up to date, along with such documents as may be claimed by the petitioner. Petitioner may file objection within three weeks of receipt of account statement, bank shall communicate decision in three weeks of receipt of objection, if any, and the balance amount, if any, shall be deposited as 6th instalment as per direction of the Bank.
4. Any amount already deposited under above loan account shall be duly adjusted and taken care of.
5. In case, petitioner makes payment/s as per schedule prescribed above and complies with all the conditions contained therein, no amount as collection charges shall be recovered.
6. But in case petitioner commits default of any of the above conditions, this order shall stand vacated automatically on the date of default itself without further reference to the Court and Petitioner will become liable to pay collection charges also.
If the petitioner feels aggrieved against the calculation/s given in the account statement he may seek his remedy, without being prejudiced by this order in any manner, as may be available in law.
Writ petition is disposed of finally subject to above directions. No order as to costs.
Double Click on any word for its dictionary meaning or to get reference material on it.