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Rajendra Babu Mishra v. State Of U.P. And Others - WRIT - C No. 36682 of 2006 [2006] RD-AH 11723 (18 July 2006)


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Court No.10

Civil Misc. Writ Petition No. 36682 of 2006

Rajendra Babu Mishra vs. State of U.P. & Others

Hon'ble A.K. Yog, J.

Hon'ble Ran Vijai Singh, J.

Heard learned counsel for the petitioner and learned counsel representing Respondent Bank.

In view of the pleadings contained in the petition and statement made before this Court on behalf of the petitioner, we direct  that the respondents, their agents, servants, employees, officers etc. shall not proceed to recover  the loan amount  in question or proceed with  attachment/ auction sale etc. ( subject matter of this writ petition), provided  the petitioner/s make deposits as follows:-

1. Petitioner shall make an initial deposit of Rs.25,000/-within four weeks from today.

2. Petitioner shall be liable to pay balance amount in six monthly four instalments on or before 30th of the relevant month. Instalment period for computing Ist instalment shall commence from the day following the day when one month period referred in clause-1 shall end.

3. Petitioner shall approach the Respondent-Bank in writing, while paying IIIrd instalment and on so being approached, the Bank shall furnish, within three weeks of receipt of request, detailed account statement giving full particulars indicating all past deposits and dues uptodate, along with such documents as may be claimed by the petitioner. Petitioner may file objection within three weeks of receipt of account statement, Bank shall communicate decision in three weeks of receipt of objection, if any, and the balance amount, if any, shall be deposited as IVth instalment as per direction of the Bank.

4. Any amount already deposited under above loan account shall be duly adjusted and taken care of.

5. In case petitioner makes payment/s as per schedule prescribed above and comply with all the conditions contained therein, no amount as collection charges shall be recovered.

6. In case petitioner commits default of any of the above conditions, this order shall stand vacated automatically on the date of default itself without further reference to the Court and petitioner will become liable to pay collection charges also.

If  petitioner feels aggrieved against the calculation/s given in the account statement he may seek his remedy, without being prejudiced by this order in any manner, as may be available in law.

Subject to the above directions, Writ petition stands finally disposed of.

No order as to costs.

Dt. 18.7.2006



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