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Raj v. State Of U.P. & Others - WRIT - C No. - 47121 of 2007 [2007] RD-AH 16041 (26 September 2007)

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Court No.10

Civil Misc. Writ Petition No. 47121 of 2007

Raj Kumar Gupta vs State of UP and others.



1. The petitioner had taken loan from the Bank. He had entered into agreement with the bank to pay it back in installments. The date of the last installment has not expired but the entire amount of loan is being recovered, as arrears of land revenue as the petitioner could not pay some of the installments. Hence the present writ petition.

2. We have heard counsel for the petitioner, Sri Manish Mehrotra, counsel for the Bank and the standing counsel for the State Officials. It is correct that in case of failure of paying any installment entire loan can be recovered. But petitioner has stated that:

This is the first writ petition against the recovery.

Under the agreement with the bank, the date of the last instalment has not expired but recovery of entire loan is being made, as few intervening instalments could not be paid.

Previous instalments could not be paid due to the circumstances beyond his control.

Petitioner is willing to pay the amount that was payable till today under the agreement (in case he had not defaulted) along-with interest within two months, and

He will pay the remaining instalments according to the schedule agreed with the Bank.

3. In view of above, in case the petitioner,

deposits the amount that was payable till today under the agreement (in case he had not defaulted) along with interest within two months and

pays the remaining installments according to the schedule agreed with the Bank

then the recovery proceedings shall be kept in abeyance. In case any amount as mentioned above is not paid in time then it would be open to the respondent to start recovery proceeding again. The deposit may be made before the Bank from where the loan was taken. In case installments are deposited in the bank then the recovery charges will not be recovered from the petitioner.

4. In case the petitioner deposits the amount required to be deposited by them within two months then the Bank will supply him statement of accounts if he gives an application along with self addressed duly stamped envelope,

5. This order will not affect any auction already held. In that event the petitioner may take appropriate legal proceedings to set aside the auction under the UPZA & LR Act and Rules, 1952 or file a suit in accordance with law. It is clarified that this order will not be effective in case the petitioner has filed any other earlier writ petition against the recovery.

6. With these directions the writ petition is disposed off.

Dated: 26.9.2007



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