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Raja Ram v. State of U.P.And Others - WRIT - A No. 48013 of 2002 [2004] RD-AH 1397 (10 November 2004)


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Court No.51

                          Civil Misc. Writ Petition No.48013 of 2002

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

Hon'ble V.C. Misra, J.

Heard Sri V.K. Shukla, learned counsel for the petitioner, Sri Jai Singh, learned counsel for the respondent-Bank and learned standing counsel.

2. With the consent of the learned counsel for the parties, this writ petition is finally disposed off at this stage without inviting any counter affidavit.

3. This writ petition has been filed challenging the impugned recovery citation dated 25.1.2004 (Annexure No.1 to the writ petition) by which demand of the outstanding dues of Rs.46,800/- has been raised. The case of the petitioner in this writ petition is that he had taken loan of Rs.17,000/- from the Respondent-Bank for the agricultural purposes.  The petitioner committed default, and subsequently citation dated 17.9.2003 was issued for outstanding dues along with interest.  The petitioner, being aggrieved, filed writ petition no.6266 of 2004, which was disposed off with the direction that since the petitioner was ready to pay the entire outstanding dues of Rs.17,000/-, it shall clear the outstanding dues in two equal instalments, the first instalment was to be paid on 31.4.2004 and the second instalment was to be paid on 31.7.2004. It was further directed that the petitioner will be liable to pay the recovery charges if attachment or auction sale had been made in pursuance of the recovery proceedings, and in case, only the citation had been issued then no recovery charges shall be payable.

4.  The petitioner has stated in this writ petition that he has deposited Rs.8,900/- on 13.4.2004 and Rs.7,680/- on 30.7.2004, but still the present impugned citation has been issued for recovery of outstanding dues to the tune of Rs.46,800/-.

5.   I have looked into the record of the case, the amount disclosed in the citation does not seem to be correct.  Leaned counsel for the respondent-Bank has submitted that the Bank would furnish a fresh statement of account after adjusting the entire deposit so made, and if no attachment or auction sale proceedings have taken place, then the impugned recovery charges shall also not be taken into account, and the Bank shall calculate and charge the interest on the outstanding dues to which it is entitled under law, within a period of one week from the date of production of a certified copy of this order before the Manager of  respondent-bank.  

6. The petitioner undertakes to deposit the entire outstanding dues if any found with the Bank directly within a period of one month from the date of production of the statement of account by the bank.  The petitioner shall furnish a certified copy of this order within a period of two weeks from today. Subject to compliance of this order, further recovery proceedings initiated against the petitioner through the impugned recovery citation shall remain in abeyance. In the event of default, the recovery proceedings shall stand revived.

    No order as to costs.

Dated: 10.11.2004




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