KARAN SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Karan Singh v. State Of U.P. And Others - WRIT - C No. 73527 of 2005 [2005] RD-AH 7080 (7 December 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S. K. Singh, J.

Challenge in this petition is the recovery proceedings started on account of non payment of the loan which has been taken by the petitioner from the bank. During the course of argument learned counsel for the petitioner submits that petitioner is ready to pay the amount if he is allowed three months time for the same.

There is no dispute about the fact that loan was taken in the year 1994 and the time for repayment allowed by the bank is over and thus this Court is not to enlarge the time span which was given by the bank.

Be as it may, keeping in mind that the petitioner is agriculturist and agriculture is the only source of his livelihood and in the event of recovery by taking coercive process, petitioner may suffer irreparable injury, this Court proposes to dispose of the writ petition by giving the following directions :

1. Petitioner is permitted to deposit the entire amount sought to be recovered from him within a period of one month from today directly with the respondent bank.

2. If the amount is deposited within the time so allowed then no recovery will be proceeded by coercive process and no recovery charge will be taken from the petitioner.

3. In the event of default in depositing the amount in the manner aforesaid, the interim protection given by this Court shall cease to operate and it will be open for the respondent bank to recover the amount by taking any coercive process to which petitioner states not to object before any other forum.

4.   If any fact given by the petitioner on the basis of which this order is being passed is found to be false by the respondent bank, it will be open for the bank officials to move appropriate application for recall/ modification of the order.  

With the aforesaid direction the writ petition stands disposed of.

7.12.2005.

SKS

73527/2005

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