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M/S Kashi Prasad General Store Thru' Prop. And Others v. Union Bank Of India Thru' Branch Manager And Others - WRIT - C No. 10216 of 2007  RD-AH 3072 (23 February 2007)
Court No. 35
Civil Misc. Writ Petition No.10216 of 07.
M/S. Kashi Prasad General Store and another vs. Union Bank of India & others.
Hon'ble R.P.Misra, J.
Hon'ble Sudhir Agarwal, J.
File of this case was summoned from the registry on the mention made by the learned counsel for the petitioner that the matter is extremely urgent as the petitioner is likely to be dispossessed tomorrow.
Heard Sri Shyam Kumar, learned counsel for the petitioner and Sri Sanjeev Singh, learned counsel for the respondents.
Petitioner states that he is prepared to repay the loan dues provided he is extended facility to deposit the same in instalments.
Respondents, represented by their counsel, have no objection to the above.
In view of the above, we direct that the respondents, their agents, servants, employees, officers etc. shall not proceed to recover the loan amount in question nor proceed with attachment/auction sale etc. (subject matter of this writ petition), provided the petitioner makes deposits as follows:-
7.Petitioner shall make an initial deposit of Rs. 1,00,000/- within one month from today.
8.Petitioner shall pay balance amount in 4 equal quarterly instalments on or before 30th of the relevant month; instalment period for computing Ist instalment shall commence from the day following the day when one month period referred in clause I shall end.
9.Petitioner shall approach the Respondent-Bank in writing, while paying 3rd instalment and on so being approached, the Bank shall furnish, within three weeks of receipt of request, detailed account statement giving full particulars indicating all past deposits and dues up to date, along with such documents as may be claimed by the petitioner. Petitioner may file objection within three weeks of receipt of account statement, bank shall communicate decision in three weeks of receipts of objection, if any, and the balance amount, if any, shall be deposited as 4th instalment as per direction of the Bank.
10.Any amount already deposited under above loan account shall be duly adjusted and taken care of.
11.In case, petitioner makes payments as per schedule prescribed above and complies with all the conditions contained therein, no amount as collection charges shall be recovered.
12.But, in case the petitioner commits default of any of the above conditions, this order shall stand vacated automatically on the date of default itself without any further reference to the Court and the petitioner will pay Rs. 2,000/- as cost and shall become liable to pay collection charges also.
If the petitioner feels aggrieved against the calculations given in the account statement he may seek his remedy, as may be available in law, without being prejudiced by this order in any manner.
Writ petition is disposed of finally subject to above directions. No order as to costs.
A certified copy of this order be issued to the learned counsel for the parties on payment of usual charges by tomorrow.
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