MOHD WASEEM Vs. MASAUD AKTAR

JUDGEMENT

(1.) The petitioner had applied for loan from the U. P. Alp Sankhayak Vittiya Avam Vikash Nigam, Lucknow and was sanctioned a sum of Rs. 46,250. The loan was to be repaid in quarterly instalment of Rs. 2,738. He deposited only one instalment on 23.6.1997. When he did not deposit the instalment in time according to the terms and conditions of loan, he was taken into custody by the Tehsil authorities and put in lockup.

(2.) The petitioner filed Writ Petition No. 39691 of 2002 praying that some time be allowed to him to deposit the balance amount of Rs. 73,210 i.e., (loan plus interest) as contained in Annexure-7 to the writ petition, which could not be deposited by him due to poverty and being under treatment. The petition was disposed of by an order/judgment dated 26.9.2002 granting stay of recovery for a period of 3 months. It was further directed that during this period, the petitioner must pay the amount in question. If he does so, no recovery charges will be realized. The order is as under :

(3.) From the facts as narrated above in the contempt application it appears that the petitioner deposited another instalment of Rs. 2,800 on 6.1.2003. He has now filed this contempt application for taking action against respondent Nos. 1 and 2 Sri Masaud Aktar, General Manager Uttar Pradesh Alp Sankhayak Vittiya Avam Vikash Nigam, 746 Jawahar Bhawan, Lucknow and Satya Prakash Singh, Tahslldar Sadar, district Shahjahanpur respectively for disobeying the orders dated 26.9.2002 passed by this Court on the ground that they did not make available to him the accounts showing the amount to be paid by him. From the facts narrated above, it is clear that the applicant had admitted the amount in Annexure-7 of the writ petition as due against him. He himself has not complied with the orders of this Court dated 26.9.2002, as he has not deposited the amount in question as directed under the aforesaid orders.