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Daya Shankar Mishra v. State Of U.P. & Others - WRIT - C No. 36287 of 2007 [2007] RD-AH 13620 (7 August 2007)


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).


Hon'ble Amitava Lala, J.

Hon'ble  Shishir Kumar, J.

Heard learned counsel for the petitioner and  Ms. Pallavi Gupta,learned counsel holding brief of Sri Shashi Kant, learned counsel for the respondent-bank.

Petitioner states that he is prepared to repay the loan dues provided he is extended facility to deposit the same in instalments.

Respondents, represented by their counsel, have no objection to the above.

In view of the above, we direct 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 makes deposits as follows:

1.      Petitioner shall make an initial deposit of Rs. 20,000/- within one month from today.

2. Petitioner shall pay balance amount in 4 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 concerned  in writing, while paying 3rd instalment and on so being approached, the authority 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, authority concerned shall communicate decision in three weeks of receipt of objection, if any, and the balance amount, if any, shall be deposited as 4th instalment as per direction of the authority.

4. Any amount already deposited under above loan account shall be duly adjusted and taken care of.

5. In case, petitioner makes payments 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 the petitioner will become liable to pay collection charges also.

If the petitioner feels aggrieved against the calculations 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 on the above directions.

No order is passed as to costs.

Dt./- 07.08.2007


WP 36287/07


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