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Prabhu Nath Tiwari v. State Of U.P. And Others - WRIT - C No. - 51434 of 2007 [2007] RD-AH 16685 (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).


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and Sri S.K. Srivastava appearing for the respondent no.4 and the learned standing counsel.

By this writ petition the petitioner has prayed for quashing the recovery certificate dated 6.12.2005. Petitioner's case is that he took a loan in the year 2004 of an amount of Rs.3,40,000/- which was to be repaid by 2012. The petitioner committed default hence recovery certificate was sent on 6.12.2005 by the Bank and the recovery has been initiated against the petitioner. The petitioner has made deposit with the Tahsil authorities from different period as mentioned in paragraph 13 of the writ petition. Learned counsel for the petitioner submits that several amounts have been paid by the petitioner after recovery certificate has been issued. He further contends that no statement of account has been given by the Bank till date to the petitioner and the petitioner is unable to know the actual outstanding amount today. Learned counsel for the petitioner further submits that the petitioner is ready to pay the outstanding amount provided he is permitted to deposit the same in easy instalments.

Considering the submissions of counsel for the petitioner, the writ petition is disposed of directing that the Bank shall provide statement of account with two weeks from the date of production of a certified copy of this order reflecting the amounts which has been deposited by the petitioner from time to time in pursuance of the earlier recovery certificate. The petitioner shall deposit the outstanding amount with interest in eight instalments.

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.

Subject to payment of the amount as directed above, no recovery charge shall be taken from the petitioner.

In the event of any default, the recovery shall stand revived.

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




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