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Vishamber & Another v. State Of U.P. & Ors. - WRIT - C No. 47278 of 2004 [2004] RD-AH 1360 (8 November 2004)


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Court No. 51

Civil Misc. Writ Petition No. 47278 of 2004

Vishambar & another                                  .......                 Petitioners


State of U.P. & others.                          --                                   Respondents.

Hon. V.C. Misra, J.

Heard Sri Ajai kumar Sharma, learned counsel for the petitioner, learned standing counsel for respondents no. 1 & 2 and Sri M.P. Sarraf, learned counsel for respondent no. 3.

1. This is the second writ petition filed by the petitioner praying for a writ of mandamus commanding the respondent no. 3 to provide accurate statements of account and to permit the petitioner to deposit the requisite amount of dues in some easy instalments. The earlier writ petition was filed challenging the citation dated 27th July, 2004 for Rs. 5,13,919/- in connection with the recovery proceedings of the amount of loan taken from the respondent-Bank. The petitioner has admittedly not paid the regular instalments as agreed upon between the parties. However, the petitioner is willing and ready to deposit Rs. 50,000/- within ten days and the balance outstanding amount against him, in instalments, with the respondent-Bank directly.

2. The petitioner may file representation before the concerned Bank which shall furnish a complete fresh statement of account and it may after looking into the circumstances of the case as well as the financial condition of the petitioner-borrower, fix the instalments for the payment of the remaining balance amount.

3. In case the petitioner deposits Rs. 50,000/- with the respondent- Bank towards loan amount, in question, within ten days and a mutual settlement is arrived at between the petitioner and the Bank for the payments to be made by the borrower accordingly, then the respondents shall take necessary steps to keep the recovery proceedings and other coercive steps in abeyance.

4. It is made clear that the Bank shall charge and calculate simple interest and other charges on the original agricultural loan amount to which it is entitled to, in accordance with law. If no attachment or auction proceedings have been initiated then collection charges shall be recovered in accordance with law under Rule 244 of the U.P.Z.A. & L.R. Rules..

5. With the above said observations and directions, this writ petition is disposed off finally. No order as to costs.

November 8, 2004

W.P. 47278  / 04



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