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Saddiq & Another v. State Of U.P. & Others - WRIT - C No. - 45251 of 2007 [2007] RD-AH 15704 (18 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 Tarun Verma appearing for respondent no.2 and the learned standing counsel.

By this writ petition the petitioner has prayed for quashing the recovery citation dated 9.8.2007 for recovery of Rs.5,31,758/- plus interest. Petitioner's case is that the loan of Rs. 5,00,000/- was disbursed on 31.10.2005 for purchase of tractor which was repayable in six monthly instalments within a period of five years. Petitioner's case is that till date the amount of Rs.1,97,261/- has been deposited but due to some default the Bank initiated process of recovery. Learned counsel for the petitioner submitted that the petitioner is ready to deposit the outstanding amount due till 31st of December, 2007 including interest and the rest of the amount he shall pay according to the schedule as provided by the Bank.

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

(i)The petitioner shall deposit the entire outstanding amount along with upto date interest due upto 31.12.2007 on or before 31st of October, 2007.

(ii)The Bank shall provide details of the amount due on the petitioner upto 31.12.2007 as per schedule of instalment with upto date interest. The said details be provided by the Bank within two weeks from the date of production of a certified copy of this order . After receipt of the details of amount the petitioner shall make deposit with the respondent no. 2. The petitioner shall continue to deposit the future instalments as and when due after 1.1.2008.

(iii)The petitioner shall not be liable to pay any recovery charges in pursuance of the recovery citation dated 9.8.2007.

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

with the above directions the writ petition is disposed of.




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