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Shri Narian Singh v. State Of U.P. & Others - WRIT - C No. - 45304 of 2007  RD-AH 15709 (18 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner, Sri Sanjeev Singh appearing for respondent No.2 and learned standing counsel .
By this writ petition the petitioner has prayed for quashing the recovery order dated 28th August, 2007 issued for non payment of Rs.1,17,921 /- with interest.
The petitioner took a loan of Rs. 25,000/- for purchase of tractor. The petitioner deposited some of the instalments but failed to deposit the entire amount. Subsequently the Bank initiated process of recovery.
The learned counsel for the petitioner has submitted that auction of the agricultural land has not yet taken place and he is ready to pay the amount provided he is given facility to make deposit in easy instalments. The counsel for the petitioner further submits that the petitioner be given this opportunity only if auction has not taken place and further the petitioner is liable to pay the amount along with upto date interest and in case of committing any default the recovery be revived.
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 in four instalments.
(ii) The first first instalment be paid on or before 31.10.2007 and thereafter on 31.1.2008, 30.4.2008 and 31.7.2008 respectively.
(iii) In event of any default, the recovery shall stand revived. In event no attachment or auction of the immoveable property has taken place, petitioners shall not be liable to pay any recovery charges.
(iv) Subject to payment of the amount as directed above, the recovery in pursuance of the impugned notice shall remain stayed.
(v) On payment of first instalment by the petitioner, the tractor, if seized and not auctioned, shall be released in favour of the petitioner, however, attachment of the tractor shall continue till the entire amount is paid.
With the above directions the writ petition is disposed of.
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