SEWA RAM Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT writ petition has been filed for issuing a writ in the nature of mandamus staying recovery proceedings initiated against the petitioner. Petitioner has taken agricultural loan on 29.03.2007 of Rs. 3,40,000/- for purchasing Tractor. Said amount of loan was to be returned to the respondent's Bank in six monthly eighteen instalments of Rs 22171+simple interest within nine years. Petitioner has contended that he has received notice dated 06.09.2007 giving therein details of amount due was Rs. 3,43,466/-Petitioner has contended that he has deposited a sum of Rs. 22500/- on 09.10.2007. Petitioner has contended that thereafter another notice was received on 20.02.2008 and on 04.09.2007, he deposited Rs. 45454/-. Petitioner has further contended that recovery certificate was issued and thereafter also deposits have been made by him but recovery is being pressed. At the point of time when matter was taken up Sri B.N.Singh, learned counsel representing Bank was asked to take necessary instructions in the matter and matter was directed to be taken up today. Today on the matter being taken up Sri B.N.Singh, learned counsel representing Bank contended that Bank has no objection in case instalments which are till date due towards petitioner are paid and then for balance amount, schedule already pre-fixed is adhered to by petitioner. Learned counsel for the petitioner accepted this proposition and contended that as on date he has already paid entire amount due towards instalment and in case any amount is due towards any instalment till date then petitioner be apprised and within next one month entire payment due towards instalment till date shall be ensured. Consequently in the facts of the present case Bank in question is directed to see and ensure as to whether entire instalments due till April 2009 have been paid or not and in case said amount in question has not be paid then petitioner shall make entire payment within one month from the date of presentation of certified copy of this order and for the balance instalment payment would be made as per schedule already pre-fixed by the Bank. With the above direction present writ petition stand disposed of.