High Court of Judicature at Allahabad
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Ram Ashrey v. State Of U.P. & Others - WRIT - C No. 38188 of 2007  RD-AH 14164 (17 August 2007)
Hon. Arun Tandon, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and learned counsel for the respondent-bank.
Petitioner is an agriculturist. He had obtained loan for agriculture purposes. It is admitted on record that he has committed default in payment of installments. 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 installments.
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 installments 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. upto 28th September, 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 upto date interest shall be paid by the petitioner in three equal installments, of three months duration. First of which shall be paid on or before 28th December, 2007, the second by 28th 1st March, 2008 and the last by 28th , June, 2008. If the payment is so made, the petitioner shall not be asked to pay any recovery charges.
In case of non-compliance of any of the condition 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.
If the petitioner deposits 1/4th of the total amount demanded by 28th September, 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.
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