CHHEDA LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri M.A. Mishra learned counsel for the petitioner and the learned Standing Counsel for the State of U.P, and the learned counsel appearing for State Bank of India Shri R.B. Sahai.

(2.) The petitioner took agricultural loan of Rs. 1,36,000/- from the respondent No. 3 to purchase a tractor on 14-2-1995. He has paid a sum of Rs. 1,72,000/- till now as stated in paragraph 3 of the writ petition. Learned counsel for the petitioner has stated that the Collection Amin is pressing the petitioner to deposit the amount in lamp sum as mentioned in the recovery citation. It has been submitted by the learned counsel for the petitioner that the petitioner is ready to deposit the remaining amount of loan but due to his poor condition he is unable to deposit the entire due amount at one time. The period of loan was seven years which was ending in the year 2002 but due to default in making payment, there is breach of agreement and now the agreement in question made with the bank is not in existence, Learned counsel for the petitioner has further submitted that right of livelihood as has. been enshrined in Article 21 of the Constitution will be curtailed and in case the entire amount is recovered, the petitioner will have no means to pay entire outstanding dues in the bank concerned with interest.

(3.) Admittedly the petitioner has committed some default in the payment of instalments of loan. The period of loan was seven years, but due to default in making payment there is breach of agreement and hence the opposite party No. 3 has sent notice for recovery of the entire remaining amount of loan.