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MANOJ KUMAR MISRA versus M.D., HOUSING DEVELOPMENT FINANCE CORP. LTD. AND OTHERS

High Court of Judicature at Allahabad

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Manoj Kumar Misra v. M.D., Housing Development Finance Corp. Ltd. And Others - WRIT - C No. 46254 of 2006 [2006] RD-AH 14376 (25 August 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. R.P. MISRA, J.

HON. SHISHIR KUMAR,J.

Heard learned counsel for the petitioner Sri R.V. Mishra and the learned Standing Counsel for the respondent no.2.

Petitioner state that he is prepared to repay the loan dues provided he is extended facility to deposit the same in installments.

Respondents, represented by their counsel, have no objection to the above.

In view of the above, 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 makes deposits as follows:

1. Petitioner shall make an initial deposit of Rs. 2 lacs within one month from today through banker's cheque.

2. Petitioner shall pay balance amount in 4 equal quarterly installments through banker's cheque on or before 30th of the relevant month; installment period for computing 1st installment shall commence from the day following the day when one-month period referred in clause 1 shall end.

3. Petitioner shall approach the Respondent no.2 in writing, while paying 3rd installment and on so being approached, the respondent no.2 shall furnish, within three weeks of receipt of request, detailed account statement giving full particulars indicating all past deposits and dues up to date, along with such documents as may be claimed by the petitioner. Petitioner may file objection within three weeks of receipt of account statement, respondent no.2 shall communicate decision in three weeks of receipt of objection, if any, and the balance amount, if any, shall be deposited as 4th installment as per direction of the respondent no.2.

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

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

6. But 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 the petitioner feels aggrieved against the calculations 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.

Writ petition is disposed of finally subject to above directions. No order as to costs.

25.8.2006

V.Sri/-

W.P. No. 46254 of 2006


Copyright

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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