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AMBAY SINGH AND OTHERS versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Ambay Singh And Others v. State Of U.P. And Others - WRIT - B No. 17984 of 2007 [2007] RD-AH 6184 (5 April 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

         Heard learned counsel appearing on behalf of the petitioner and S/Sri S.C. Srivastava and P.C. Srivastava holding brief of Sri Tarun Verma, counsel for the Banks.

The petitioner had taken loan for agricultural purposes from the State Bank of India and a separate loan from Oriental Bank of Commerce. The petitioner defaulted and recovery proceedings were initiated by the two banks against the petitioner. 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 instalments, 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 respondents submit 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 banks have 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 Banks in respect of each loan in five equal instalments.  In calculating the arrears the amount (if any) already paid will be adjusted.

(ii) The first instalment may be deposited by 5th May 2007, second by 6th August 2007, third by 5th November  2007, fourth by 5th February 2008  and the last/fifth instalment by 5th May 2008. In  case the instalments are deposited with the contesting respondent within the aforesaid time then the recovery charges will not be recovered from the petitioners.

(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 petitioners if attached will be released after the deposit of first instalment by the concerned 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.

Dated: 5.4.2007.

s/wp-17948/07


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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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