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GANGA PRASAD versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Ganga Prasad v. State Of U.P. And Others - WRIT - C No. 7746 of 2007 [2007] RD-AH 4760 (19 March 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. Janardan Sahai,J

The petitioner had taken loan from the respondent Bank for agricultural purpose. It appears that the petitioner defaulted and consequently recovery proceedings have been initiated against him

No counter affidavit has been filed. However counsel for the petitioner states that the petitioner is ready to deposit the amount sought to be recovered  if reasonable time is granted to pay the amount in instalments. Sri G,.S.Yadav holding brief of Sri S.N.Singh has no objection. Accordingly this writ petition is disposed of finally with the following directions:-

(i) Petitioners may deposit the entire amount sought to be recovered directly with the contesting respondent no. 4 Bank in four equal instalments.  In calculating the arrears the amount (if any) already paid will be adjusted.

(ii) The first instalment may be deposited by 19th April 2007, second by 19th July 2007, third by 19th October 2007 and the fourth by 19th January 2008. In case instalments are deposited with the contesting respondent within the aforesaid time then the recovery charges will not be recovered from the petitioners.

(iii) Petitioners 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 petitioners within fifteen days after the deposit of first instalment.

iv) Property (agricultural land/tractor) belonging to the petitioners if attached will be released after the deposit of first instalment by the respondent concerned unless it has already been auctioned.

(v)   If the petitioners deposit the instalment as fixed by this Court in time the recovery shall be kept in abeyance but if the petitioners default in paying any of the instalment this order shall stand vacated.        

(vi) This order will not be applicable if the petitioners have filed any earlier writ petition challenging the recovery of this loan.

Dated: 19.3.2007.

sm/w7746/07


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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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