High Court of Judicature at Allahabad
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Nathu Lal v. The State Of U.P. Thru' Secretary (Revenue) & Others - WRIT - C No. 29768 of 2007  RD-AH 11923 (13 July 2007)
Hon'ble Arun Tandon, J.
Heard learned counsel for the petitioner, learned counsel for the respondent-bank and learned Standing Counsel for the State-respondents.
Petitioner is an agriculturist. He had obtained loan for agriculture purposes. It is admitted on record that he has committed default in payment of instalments. The Bank has initiated proceedings for recovery of the outstanding dues and as such impugned recovery certificate has been issued.
Learned counsel for the petitioner submits that the petitioner is ready and willing to make the payment of the outstanding dues provided that he is permitted easy instalments.
Learned counsel for the respondent-bank submits that the petitioner has committed default and, therefore, he must put to terms before any indulgence is granted. He has no objection to the payment being made in instalments to be fixed by this Court.
Accordingly the present writ petition is disposed of with the following directions :
(a) The petitioner shall deposit 1/4th of the amount demanded within six weeks from today i.e. up to 25th August, 2007.
(b) After deposit of the said amount, he shall be at liberty to make an application along with a certified copy of this order to the Bank for furnishing the detail statement of accounts. On such application being filed, the Bank shall furnish details of the accounts asked for within two weeks.
(c) The balance amount as determined by the Bank along with up to date interest shall be paid by the petitioner in three equal instalments of three months duration. First of which shall be paid on or before 25th November, 2007, the second by 25th February, 2008 and the last by 25th May, 2008. If the payment is so made, the petitioner shall not be asked to pay any recovery charges.
If the landed property of the petitioner has already been auctioned the sale thereto shall not be confirmed initially for a period of six weeks from today and shall thereafter abide the compliance of the conditions imposed by this Court as above . In case the entire amount is deposited the auction sale shall be revoked.
In case of non-compliance of any of the conditions incorporated herein above, the petitioner shall not be entitled to the benefits of this order and the Bank shall be at liberty to recover the amount in accordance with law.
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