Harkesh Saini vs State Bank Of India And Another

Court No. - 18

Case :- WRIT - C No. - 52455 of 2017 Petitioner :- Harkesh Saini Respondent :- State Bank Of India And Another Counsel for Petitioner :- Navin Kumar Srivastava Counsel for Respondent :- C.S.C.,Tarun Varma

Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the petitioner, Sri Tarun Varma, learned counsel appearing for the respondent bank and learned Standing Counsel for the State respondents.

By this writ petition, the petitioner has prayed to direct the respondents to consider the name of the petitioner in the list of eligible persons covered under the scheme of agricultural loan waiver scheme of the State Government announced as per the Circular dated 24.06.2017 and settle the agricultural loan dues of the petitioner which stood at Rs.1,71,855/- on 31.03.2017 with easy installments.

The petitioner had taken a loan of Rs.1,75,000/- from the respondent bank in the year for agricultural purposes. Due to default being committed by the petitioner, the same has not been paid.

Learned counsel for the petitioner submits that the State Government has already floated a scheme for waiver of agricultural loan of Rs.1 Lac of small and marginal farmers. The petitioner is ready to deposit the entire amount within the time fixed by this Court.

Learned counsel appearing for the bank states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.

On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with the following directions:

1) The petitioner shall deposit an amount of Rs.35,000/- by 08.01.2018. On depositing the aforesaid amount, the bank shall provide a statement of account within two weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioner. The outstanding amount shall be deposited by the petitioner in four quarterly installments.

2) First installment be paid on or before 08.04.2018 and thereafter within every three months. The amount shall be deposited by the petitioner in the bank. If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and the bank would proceed in accordance with law.

3) In case the petitioner is covered under the Scheme in question for waiver of agricultural loan, he would be at liberty to move an appropriate application for availing the said benefit.

Order Date :- 8.11.2017/A. Pandey