High Court of Judicature at Allahabad
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Ganga Sagar Singh v. State Of U.P. And Others - WRIT - C No. 17997 of 2007  RD-AH 6207 (5 April 2007)
Hon'ble Janardan Sahai, J
Heard learned counsel appearing on behalf of the petitioner and Sri Pankaj Srivastava holding brief of Sri Satish Chaturvedi , counsel for the Bank.
The petitioner had taken a loan from the State Bank of India. It appears that the petitioner defaulted and according to the petitioner the tractor has been taken possession of by the bank through a private agency. Learned counsel for the petitioner submits that the petitioners is ready to deposit the dues of the bank provides some reasonable time to deposit the amount is granted. Sri R.B. Sahai learned counsel for the bank states that he has no 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. 3 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 5th May 2007, second by 6th August 2007 and the last/third instalment by 5th November 2007. 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) After the payment of the first instalment the tractor of the petitioner if not sold will be returned by the concerned authority to the petitioner.
(v) If the petitioner deposits the instalment as fixed by this Court in time no recovery charges will be taken from the petitioner 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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