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KHUVIYA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Khuviya v. State Of U.P. And Others - WRIT - C No. 20177 of 2006 [2006] RD-AH 7678 (13 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

                                 Court no.10

                           Civil Misc. Writ Petition No. 20177 of 2006  

Khuviya  

Vs.  

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.

Dated: 13-4-2006

RPS


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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