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Pushpraj Singh Tyagi v. State Of U.P. And Others - WRIT - C No. 25926 of 2006 [2006] RD-AH 9331 (10 May 2006)


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Court No. 10

Civil Misc. Writ Petition No. 25926 of 2006

Pushpraj Singh Tyagi. Vs. State of U.P. and others

Hon'ble A.K. Yog, J.

Hon'ble V.C. Misra, J.

The petitioner, Pushpraj Singh Tyagi purchased  House No. H/E-191, Ganga Nagar, Meerut on instalment basis, the price of which was fixed at Rs. 4 lacs +  interest; BOB  Housing Finance Limited/Respondent No. 4 extended loan subject to repayment in 16 years on EMI as Rs. 3,984/- at the rate of 10.25% annual interest; the petitioner admits that he committed default in depositing some instalments; Respondent No. 4 has filed Application  No. 112 of 2006 before the District Magistrate, Meerut under Section 14, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002/Annexure-1 to the writ petition; according to Respondent No. 4's account statement dated 30-4-2006/Annexure-2 to the writ petition, the petitioner defaulted in making payment of Rs. 99,754/- as due upto April 30, 2006; the said account statement shows that petitioner was infact in arrears of Rs. 1,69,754/- but he has paid Rs. 70,000/- in April, 2006 leaving balance of Rs. 99,754/- which is amount in question; in the above background, petitioner apprehends his dispossession.

Learned counsel for the petitioner submits that petitioner is practicing Advocate and he has all the intention to clear his arrears and also to pay future instalments (including interest amount) as per loan agreement. On behalf of the petitioner it is submitted that he is prepared to deposit aforesaid amount provided he is given breathing time.

Considering all the attending circumstances and relevant factors and also after hearing learned Standing Counsel, as offered on behalf of the petitioner, we direct the petitioner to deposit a sum of Rs. 50,000/- on or before 31-5-2006. The petitioner shall again deposit another amount of Rs. 50,000/- on or before 31-8-2006 and on such deposit being made, the Respondent No. 4/ BOB  Housing Finance Limited shall be duty bound to furnish complete detailed (with all requisite particulars including interest calculation) account statement pertaining to the loan account of the petitioner (subject matter of this writ petition) within two weeks. If there is any balance (as per said account statement), the petitioner undertakes to deposit the said balance amount on or before 30-9-2006. If it is found that petitioner has made payment in excess, the same shall be refunded forthwith. In addition to the above, petitioner is further directed to pay his future instalments  including interest amount, if any, as per loan agreement. In case of default of any of the above conditions, this order shall stand automatically discharged without further reference to the Court. In case petitioner complies with above directions and makes deposit accordingly, the Respondents shall not interfere with the possession of the petitioner over House in question viz. House No. H/E-191, Ganga Nagar, Meerut.

Writ petition stands finally disposed of subject to the above directions.

No order as to costs.




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