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Ram Azore Yadav v. State Of U.P. And Others - WRIT - C No. - 42509 of 2007 [2007] RD-AH 15101 (6 September 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 Ashok Bhushan, J.

Heard counsel for the petitioner and Sri Vipin Sinh appearing for the respondent No. 4 and the learned standing counsel appearing for the respondents No. 1, 2 and 3. By consent of parties, the writ petition is being finally disposed of.

The petitioner's case is that a loan of Rs.3,50,000/- was taken on 3.5.2005. A notice is said to have been issued on 7.9.2006 asking for payment of Rs. 3,85,137/-. The petitioner has filed Pass Book in which the amount due on the petitioner on 1.6.2007 is shown as Rs.3,70,376/-. Learned counsel for the petitioner states that the tractor of the petitioner was attached and an information was sent on 21.4.2007 to the petitioner. The petitioner is not aware as to whether the tractor has been sold or not.

The learned counsel for the petitioner has submitted that the petitioner is ready to pay the amount provided he is given facility to make deposit in easy instalments and the petitioner will liable to pay the amount along with upto date interest in case of committing any default and the recovery shall stand revived.

Considering the facts of the present case and the fact that the petitioner is a poor farmer, ends of justice be served in disposing of the writ petition by following directions:-

1. The petitioner shall deposit the entire outstanding amount along with upto date interest in six equal quarterly instalments. The Bank shall provide statement of account tot he petitioner within 15 days from the date of production of a certified copy of this order .

2. The first instalment be paid on or before 31st of October, 2007, and thereafter on 31st January, 2008, 30th April, 2008, 31st July, 2008, 31st October, 2008 and 31st January, 2009 respectively.

3. In event of any default, the recovery shall stand revived.

4. Subject to payment of the amount as directed above, the recovery in pursuance of the impugned notice shall remain stayed.

5. On payment of first instalment by the petitioner, if the tractor has not been auctioned or sold, it may be released in favour of the petitioner. The respondents shall be entitled to half of the recovery charges from the petitioner which shall be deposited in the Bank and remitted to the revenue authorities.

With the above directions the writ petition is disposed of.




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