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REET RAM AND OTHERS versus STATE OF U.P. NAD OTHERS

High Court of Judicature at Allahabad

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Reet Ram And Others v. State Of U.P. Nad Others - WRIT - C No. 39151 of 2006 [2006] RD-AH 12211 (25 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Janardan Sahai , J.

Heard learned counsel appearing on behalf of the petitioners and Sri P.C. Srivastava holding brief for Shri Tarun Verma counsel for the Bank.

Petitioners have taken loan for agricultural purposes.  According to the petitioners they could not pay the installment amount due to unavoidable circumstances, which is sought to be recovered by coercive means. It is submitted that if reasonable time is allowed to pay the amount sought to be recovered, petitioners may be able to pay the same and irreparable injury on account of arrest and auction of property may be avoided.

To the aforesaid, learned counsel appearing for contesting respondent submits that although in some of the cases it has been said that against the recovery proceedings, unless some illegality is pointed out, the court may not interfere, but at the same time submission is that intention of the respondent bank has been never to cause any irreparable injury to the loanee rather the loan amount was advanced with the purpose to improve the petitioners' future prospects and thus if for justifiable reason the amount in terms of the agreement has not been paid and now petitioners have bona fide intention to pay the amount within a reasonable time then  respondents may not have any objection.

Accordingly, this petition is disposed of finally with the following directions:-

(i) Petitioners may deposit the entire amount sought to be recovered directly with the contesting respondent no.3, Bank in five equal instalments.  In calculating the arrears the amount (if any) already paid will be adjusted.

(ii) The first instalment may be deposited by 25th August, 2006, the second by 25th November, 2006, the third by 26th February, 2007, the fourth by 26th May 2007 and the fifth/last instalment by 25th August 2007. In case instalments are deposited with the contesting respondent then the recovery charges will not be recovered from the petitioner.

(iii) Petitioners may file an application for supply of statement of account along with duly stamped self addressed envelope. In case any such application is filed, the contesting respondent will give the same to the petitioners within fifteen days after the deposit of first instalment.

(iv) Property (agricultural land/tractor) belonging to the petitioners if attached will be released after the deposit of first instalment by the concerned Tehsil authority unless it has already been auctioned.

Dated: 25.7.2006.

Sn/wp-39151/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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