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Ram Dai v. State Of U.P. And Others - WRIT - C No. 12585 of 2007 [2007] RD-AH 7000 (17 April 2007)


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Court No. 21.

Civil Misc. Writ Petition No. 12585 of 2007.

Ram Dai                         Vs.                State of U.P. and others.

Hon. Sunil Ambwani, J.

Heard learned counsel for the petitioner and learned Standing Counsel.

On 12.3.2007 a direction was issued that until next date  of listing the tractor will not be sold, if not already sold and the Bank shall consider the application for one time settlement filed by the petitioner on 15.12.2006 in accordance with the policy and in accordance with law.

Learned counsel for the petitioner has not enclosed any  document or correspondence with the bank with regard to one time settlement of the loan.  The submission that petitioner's husband had taken loan and that the after his death the recovery cannot be made from his wife cannot be accepted inasmuch as the recovery can be made from the mortgaged property of the deceased left in the hands of his wife.   In case the petitioner want to make payment of the outstanding dues, he has remedy to approach the Bank.

In the present case, as against the loan of Rs.2,50,000/-it is alleged that the borrower had paid only Rs. 50,000/-.  The contract under the schedule of payment under which the payment was taken is not placed on record.

I do not find any good ground to interfere in the recovery of loan from the mortgaged property.

The writ petition is dismissed.

Dt. 17.4.2007.



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