M/S SHARDA SWAYAM SAHAYATA SAMOOH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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M/S Sharda Swayam Sahayata Samooh v. State Of U.P. And Others - WRIT - C No. 32531 of 2007 [2007] RD-AH 12458 (20 July 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

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 31st 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 30th November, 2007, the second by 29th February, 2008 and the last by 30h May, 2008.  If the payment is so made, the petitioner shall not be asked to pay any recovery charges.

If the petitioner deposits ¼ of the total amount demanded by 31st August, 2007  the Tractor of the petitioner shall be released in his favour subject however to the fulfilment of the other conditions of this order and further in case the tractor has not already been sold.

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.

Dated: 20.7.2007

V.R./32531/07

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