Vishwanath vs State Of U P And Others

Court No. - 18

Case :- WRIT - C No. - 52486 of 2017 Petitioner :- Vishwanath Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Pathak Counsel for Respondent :- C.S.C.,Rohit Yadav

Hon'ble Mahesh Chandra Tripathi,J.

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

By this writ petition, the petitioner has prayed for quashing impugned summon/notice for Rs.1,20,000/- plus other charges.

The petitioner had taken a loan of Rs.20,000/- from the respondent bank in the year 2002 for spinning work. Due to default being committed by the petitioner, recovery has been initiated.

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 six 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 recovery proceedings shall revive.

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