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Snmeh Prabha And Another v. State Of U.P. And Others - WRIT - C No. 50307 of 2006  RD-AH 16252 (18 September 2006)
Hon'ble Janardan Sahai , J.
Heard learned counsel appearing on behalf of the petitioners and Sri K. N. Rai holding brief of Sri N. Mishra, counsel for the Bank.
Petitioner no. 1 is a guarantor of a loan taken by the petitioner no. 2 for agricultural purposes. According to the petitioners they could not pay the instalment, which is sought to be recovered by coercive means from the petitioners. It is submitted that if reasonable time is allowed to pay the amount sought to be recovered in instalments, 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 his 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 eight equal instalments. In calculating the arrears the amount (if any) already paid will be adjusted.
(ii) The first instalment may be deposited by 18th October 2006 second by 18th January 2007, third by 18th April 2007, fourth by 18th July, 2007, fifth by 18th October, 2007, sixth by 18th January 2008, seventh by 18th April 2008 and the last/eight instalment by 18th July 2008. In case instalments are deposited with the contesting respondent within the aforesaid time then the recovery charges will not be recovered from the petitioners.
(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.
(v) If the petitioners deposit the instalment as fixed by this Court on time the recovery shall be kept in abeyance but if the petitioners default in paying any of the instalment this order shall stand vacated.
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