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Rajendra Singh And Another v. State Of U.P. And Others - WRIT - C No. - 50537 of 2007  RD-AH 16547 (10 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioners and Sri R. B. Sahai 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.
By this writ petition the petitioners have prayed for quashing the impugned recovery certificate dated 12.7.2007 by which the petitioners have been directed to pay an of amount of Rs. 4,47.530/- with interest.
The petitioners took a loan of Rs.3,26,857/- for purchase of tractor. The petitioners deposited some of the instalments but failed to deposit the entire amount. Subsequently the Bank initiated process of recovery.
The learned counsel for the petitioners have 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 petitioners be given this opportunity only if auction has not taken place and further the petitioners are 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 petitioners are poor farmers, ends of justice be served in disposing of the writ petition by following directions:-
1. The petitioners 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, petitioners 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 petitioners, the tractor if seized and not auctioned, shall be released in favour of the petitioners, however, attachment of the tractor shall continue till the entire amount is paid.
6. The amount already deposited by the petitioners shall be adjusted and a fresh statement of account be given to the petitioners after deposit of first instalment.
With the above directions the writ petition is disposed of.
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