Over 2 lakh Indian cases. Search powered by Google!

Case Details

BALBIR SINGH AND ANOTHER versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Balbir Singh And Another v. State Of U.P. And Others - WRIT - C No. - 50744 of 2007 [2007] RD-AH 16519 (10 October 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).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Ashok Bhushan, J.

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

By this writ petition the petitioner has prayed for quashing the impugned recovery certificate dated 14.9.2007 by which the petitioner has been directed to pay an of amount of Rs. 4,04,401/- with interest.

The petitioner took a loan of Rs.375,000/- 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 up to 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 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 up to date interest in eight equal quarterly instalments.

2. The first instalment be paid on or before 31st December, 2007, and thereafter on 31st March, 2008, 30th June, 2008, 30th September, 2008, 31st December, 2008, 31st March, 2009, 30th June, 2009 and 30th September, 2009 respectively.

3. In event of any default, the recovery shall stand revived. In event no attachment or auction of the immoveable property has taken place, petitioner shall not be liable to pay any recovery charges.

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, 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.

6. The amount already deposited by the petitioner shall be adjusted and a fresh statement of account be given to the petitioner after deposit of first instalment.

With the above directions the writ petition is disposed of.

D/-10.10.2007

SCS/50744


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.