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Avnish Kumar Jain v. State Of U.P. And Others - WRIT - C No. 47596 of 2006  RD-AH 14930 (31 August 2006)
Hon.Shishir Kumar, J.
Heard learned counsel for the petitioner Sri Siddharth and Learned Standing Counsel for the respondents Nos. 1 and 3 and V.P.Singh, Advocate holding brief of Sri Tarun Varma for the respondent No.2.
Petitioner states 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. 20,000/- within one month from today.
2. Petitioner shall pay balance amount in 4 equal quarterly installments 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-Bank in writing, while paying 3rd installment 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 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, Bank 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 Bank.
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 complies 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.
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