AVATAR SINGH versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Avatar Singh v. State Of U.P. & Others - WRIT - C No. - 51798 of 2007 [2007] RD-AH 16643 (12 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.

This writ petition has been taken up today on a request made by the learned counsel for the petitioner stating that there is urgency in the matter and the matter be heard today.

Heard counsel for the petitioner and Sri Ajay Srivastava appearing for the respondent-Bank and the learned standing counsel appearing for rest of the respondents. 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 11.9.2007 by which the petitioner has been directed to pay an of amount of Rs. 3,74,492/- with interest.

The petitioner took a loan of Rs.3,00,000/- 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 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 counsel for the petitioner today on payment of usual charges.

D/-12.10.2007

SCS/51798

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