RAJVIR SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) HEARD Sri Pradyumn Kumar, learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents as well as Sri A.C. Tiwari, learned counsel appearing for respondent-Bank. Challenge in this petition is recovery proceeding.

(2.) LEARNED counsel for the petitioner has made statement at the bar that this is the first writ petition against the recovery proceeding and this fact has also been stated in the writ petition. Petitioner has taken loan of Rs. 1,58,000/- and Rs. 28,000/- in the year 2003. According to the petitioner he could not pay the entire amount due to unavoidable circumstances, as stated in the writ petition, on account of which entire payable amount up to the period of last instalment, which is huge one to the tune of Rs. 2,58,246/- etc. is sought to be recovered by adopting coercive methods including the attachment and arrest. Submission is that if reasonable time is allowed to pay the amount sought to be recovered, petitioner may be able to pay the same. LEARNED counsel for the petitioner, on instructions, also gave an undertaking that in case, he is allowed to pay the amount under recovery in some easy instalments and if any default is committed, the petitioner shall pay a cost of Rs. 15,000/- over and above the amount, which remains to be recovered from the petitioner and the writ petition may be deemed to be dismissed in that event.

(3.) AT this stage without challenging correctness of amount sought to be recovered a prayer has been made that if amount sought to be recovered is permitted to be deposited in easy instalments, deposit of entire amount can be made.