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Gyadeen v. State Of U.P. And Others - WRIT - C No. 1709 of 2007 [2007] RD-AH 661 (11 January 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).




Heard learned counsel for the petitioner Sri Tufail Hasan and the learned Standing 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 installments.

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 or proceed with attachment/auction sale etc. (subject matter of this writ petition) provided the petitioner makes deposits as follows:

1. Petitioners shall make an initial deposit of Rs. 40,000/- within one month from today.

2. Petitioner shall pay balance amount in 4 equal quarterly installments on or before 30th of the relevant month; installment period for computing 1st installment shall commence from the day following the day when one-month period referred in clause 1 shall end.

3. Petitioner shall approach the Respondent concerned in writing, while paying 3rd installment and on so being approached, the respondent 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 petitioners. Petitioner may file objection within three weeks of receipt of account statement, the respondent shall communicate decision in three weeks of receipt of objection, if any, and the balance amount, if any, shall be deposited as 4th installment as per direction of the respondent.

4. Any amount already deposited under above loan account shall be duly adjusted and taken care of.

5. 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.

6. But in case petitioner commits default of any of the above conditions, this order shall stand vacated automatically on the date of default itself without further reference to the Court and Petitioner will become liable to pay collection charges also.

If the petitioner feels aggrieved against the calculations given in the account statement they may seek their remedy, without being prejudiced by this order in any manner, as may be available in law.

Writ petition is disposed of finally subject to above directions. No order as to costs.



W.P. No. 1709 of 2007


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