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Shiv Kumar v. State Of U.P. And Others - WRIT - C No. 73184 of 2005  RD-AH 8124 (23 December 2005)
Hon. S. K. Singh, J.
Challenge in this petition is the recovery proceedings which has been started for recovery of the amount which has not been paid by the petitioner. Citation has been issued to pay an amount of Rs.1,79,401/= plus other charges. Submission is that petitioner is ready to pay the amount if atleast six months time is given.
Admittedly, loan was taken by the petitioner in the year 1994 to a tune of Rs.70,500/- which was to be paid by 2002 and therefore, time so allowed by the respondent bank is already over and therefore, this court is not to enlarge time for making the required deposits.
In view of the aforesaid learned counsel for the respondent bank submits that bank's intention is to get its money and not to cause irreparable injury to the petitioner and in fact loan was advanced to improve the means of the petitioner and to place him in a better position. Submission is that if the petitioner has a bonafide on his part to pay the loan amount and as stated by him that money has been arranged then slight indulgence may be given but that liberty may not be misused by the petitioner and thus this care is to be taken.
Be as it may, keeping in mind the fact that petitioner is agriculturist and agriculture is only source of his livelihood, in the interest of justice this court allows breathing time to the petitioner to manage the amount sought to be recovered from him.
Accordingly, this petition is disposed of by giving following directions-
i) Petitioner is permitted to pay entire amount sought to be recovered directly with the respondent Bank within a period of three month from today.
ii) If the amount is deposited as directed above, no amount will be recovered by taking coercive process.
iii) If the amount is deposited within the time so allowed then recovery charges will not be taken.
iv) In the event of default in depositing the amount within the time so allowed, the protection so given by this court shall cease to operate and it will be open for the respondent to recover the amount by taking any coercive process.
v) 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 writ petition stands disposed of.
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