SHIV POOJAN versus DISTRICT MAGISTRATE AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shiv Poojan v. District Magistrate And Others - WRIT - C No. 50924 of 2006 [2006] RD-AH 16392 (19 September 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,

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

 

Petitioner had taken loan for agricultural purposes. According to the petitioner he could not pay the instalment due unavoidable circumstances and the loan is being recovered by coercive means. It is submitted that if reasonable time is allowed to pay the amount sought to be recovered, petitioner 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 petitioner has 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) Petitioner may deposit the entire amount sought to be recovered directly with the contesting respondent no.3 Bank in five instalments.  In calculating the arrears the amount (if any) already paid will be adjusted.

(ii) The first instalment may be deposited by 19th October 2006 second by 19th January 2007, third by 19th April 2007, fourth by 19th July 2007 and the last/fifth instalment by 19th October 2007. In case instalments are deposited with the contesting respondent within the aforesaid time then the recovery charges will not be recovered from the petitioner.

(iii) Petitioner 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 petitioner within fifteen days after the deposit of first instalment.

(iv) Property (agricultural land/tractor) belonging to the petitioner 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 petitioner deposits the instalment as fixed by this Court on time the recovery shall be kept in abeyance but if the petitioner defaults in paying any of the instalment this order shall stand vacated.

Dated: 19.9.2006.

Sn/wp-50924/06

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