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Kiran Devi And Another v. State Of U.P. And Others - WRIT - C No. - 50831 of 2007 [2007] RD-AH 16602 (11 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).


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioners and Sri Vipin Sinha 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 7.6.2004 and 19.9.2007 by which the petitioners have been directed to pay an of amount of Rs. 3,27,651/- with interest.

The petitioners took a loan of Rs.2,27,000/- 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 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 petitioners 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 petitioner is a poor farmer, 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 30th of November, 2007, and thereafter on 29th February, 2008, 31st May, 2008, 31st August, 2008, 30th November, 2008, 28th February, 2009, 31st May, 2009 and 31st August, 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.

Let a certified copy of this order be given to learned counsel for the petitioner within twenty four hours on payment of usual charges.




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