High Court of Judicature at Allahabad
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Abdul Sharif Khan v. State Of U.P.And Others - WRIT - C No. - 52738 of 2007  RD-AH 17002 (29 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Janardan Sahai, J
Heard learned counsel appearing on behalf of the petitioner and Km. Rani holding brief of Sri Sanjeev Singh, counsel for the Bank.
Petitioner had taken loan for agricultural purposes. According to the petitioner he could not pay the instalments due to unavoidable circumstances and the loan is being recovered by coercive means. It is submitted that if reasonable time is allowed to pay the amount sought to be recovered in instalment, petitioner may be able to pay the same and irreparable injury on account of arrest and auction of property may be avoided.
To the aforesaid, learned counsel appearing for contesting respondent submits that although in some of the cases it has been said that against the recovery proceedings, unless some illegality is pointed out, the court may not interfere, but at the same time submission is that intention of the respondent bank has been never to cause any irreparable injury to the loanee rather the loan amount was advanced with the purpose to improve his future prospects and thus if for justifiable reason the amount in terms of the agreement has not been paid and now petitioner has bona fide intention to pay the amount within a reasonable time then respondents may not have any objection.
Accordingly, this petition is disposed of finally with the following directions:-
(i) Petitioner may deposit the entire amount sought to be recovered directly with the contesting respondent no. 5 Bank in ten equal instalments. In calculating the arrears the amount (if any) already paid will be adjusted.
(ii) The first instalment may be deposited by 29th November 2007, second by 29th February 2008, third by 29th May 2008, fourth by 29th August 2008, fifth by 29th November 2008, sixth by 29th February 2009, seventh by 29th May 2009, eighth by 29th August 2009 ninth by 29th November 2009 and the last/tenth insatlment by 29th February 2010. In case instalments are deposited with the contesting respondent within the aforesaid time then the recovery charges will not be recovered from the petitioner.
(iii) Petitioner may file an application for supply of statement of account along with duly stamped self- addressed envelope. In case any such application is filed, the contesting respondent will give the same to the petitioner within fifteen days after the deposit of first instalment.
iv) Property (agricultural land/tractor) belonging to the petitioner if attached will be released after the deposit of first instalment by the concerned Tehsil authority unless it has already been auctioned.
(v) If the petitioner deposits the instalment as fixed by this Court in time the recovery shall be kept in abeyance but if the petitioner defaults in paying any of the instalment this order shall stand vacated.
(vi) This order will not be applicable if the petitioner has filed any earlier writ petition challenging the recovery of this loan.
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