SMT. SUSHILA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) The writ petition questions the validity of the recovery proceedings initiated against the petitioner against a loan advanced by the respondent no. 4-bank to the petitioner for setting up a Dairy under the Mini Kamdhenu Dairy Scheme promulgated by the State Government in terms of the Government Order dated 14.11.2013 read with Government Order dated 17.08.2015.

(2.) Affidavits have been exchanged between the parties and a supplementary affidavit has been filed by the petitioner. The writ petition was entertained and initially an interim relief was granted standing coercive steps being taken against the petitioner.

(3.) Under the above mentioned scheme the petitioner applied on 10th October, 2014 and she entered into an undertaking described as the Implementation Schedule dated 17th November, 2014. The loan was a Term Loan sanctioned by the IDBI bank for a sum of Rs. 39,26,000/-. The disbursement of the loan commenced on 9th January, 2015 and continued till 31st May, 2016. The petitioner has disclosed these facts in paragraph 13 that have been explained in para 20 of the counter affidavit of the respondent-bank indicating delay on the part of the petitioner. The petitioner in turn is alleging disbursement not in accordance with the implementation schedule. In terms of the Government order of 2015 a tripartite agreement was entered into between the parties on 6th June, 2016. The petitioner has stated facts relating to the status of the account including repayments and the counter affidavit indicates default in the repayment of the loan amount.