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PREMPAL SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Prempal Singh v. State Of U.P. And Others - WRIT - C No. 4843 of 2007 [2007] RD-AH 1861 (6 February 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 OF ALLAHABAD

Hon'ble Janardan Sahai, J.

  The petitioner has taken loan for agricultural purposes from the Kshetriya Gramin Bank, respondent no. 3, Bhoomi Vikas Bank, respondent no.4 and State Bank of India, respondent no. 5. It appears that the petitioner defaulted and separate recovery certificates have been issued by these Banks and citation has been issued by the Tehsildar, copy of which has been filed along with the writ petition as Annexure-1. The citation is in respect of the dues of each of the three banks, namely, Rs.1,08,030  of Bhoomi Vikas Bank. Rs. 78,019/- of Kshetriya Gramnin Bank and Rs. 27,750/- of State Bank of India. Counsel for the petitioner submits that the petitioner is ready to pay the amount due to these banks in instalments. All the three banks are represented by counsel. Sri R.B. Sahai represents respondent no.3, Sri Jai Singh represents Bhoomi Vikas Bank and Sri Vipin Sinha represents the State Bank of India. Sri Ashish Srivastava holding brief of Sri Vipin Sinha, Sri Shailendra Yadav holding brief of Sri Jai Singh and Sri R.B. Sahai state that the Bank has no objection if the interest of the bank is protected in giving a reasonable time to the petitioner.

Accordingly, this petition is disposed of finally with the following directions:-

(i) Petitioner may deposit the  amount sought to be recovered by each of the bank directly with the respective respondent Bank in three equal instalments.  In calculating the arrears the amount (if any) already paid will be adjusted.

(ii) The first instalment may be deposited by 6th March 2007, second by 6th June 2007 and the last/third instalment by 6th September 2007. In case instalments are deposited with the contesting respondent banks 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.        

      Copy of the order be made available to the counsel for the petitioner within 24 hours on payment of usual charges.

     

Dated: 6.2.2007.

s/wp-4843/07

Hon'ble Janardan Sahai, J.

  The petitioner has taken loan for agricultural purposes from the Kshetriya Gramin Bank, respondent no. 3, Bhoomi Vikas Bank, respondent no.4 and State Bank of India, respondent no. 5. It appears that the petitioner defaulted and separate recovery certificates have been issued by these Banks and citation has been issued by the Tehsildar, copy of which has been filed along with the writ petition as Annexure-1. The citation is in respect of the dues of each of the three banks, namely, Rs.1,08,030  of Bhoomi Vikas Bank. Rs. 78,019/- of Kshetriya Gramnin Bank and Rs. 27,750/- of State Bank of India. Counsel for the petitioner submits that the petitioner is ready to pay the amount due to these banks in instalments. All the three banks are represented by counsel. Sri R.B. Sahai represents respondent no.3, Sri Jai Singh represents Bhoomi Vikas Bank and Sri Vipin Sinha represents the State Bank of India. Sri Ashish Srivastava holding brief of Sri Vipin Sinha, Sri Shailendra Yadav holding brief of Sri Jai Singh and Sri R.B. Sahai state that the Bank has no objection if the interest of the bank is protected in giving a reasonable time to the petitioner.

Accordingly, this petition is disposed of finally with the following directions:-

(i) Petitioner may deposit the  amount sought to be recovered by each of the bank directly with the respective respondent Bank in three equal instalments.  In calculating the arrears the amount (if any) already paid will be adjusted.

(ii) The first instalment may be deposited by 6th March 2007, second by 6th June 2007 and the last/third instalment by 6th September 2007. In case instalments are deposited with the contesting respondent banks 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.        

      Copy of the order be made available to the counsel for the petitioner within 24 hours on payment of usual charges.

     

Dated: 6.2.2007.

s/wp-4843/07


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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