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2011 Supreme(All) 1677

SUDHIR AGARWAL
Babu Ram – Appellant
Versus
State of U. P. and Others – Respondent


Advocates:
Archana Singh, Vijay Bahadur Shivhare

Sudhir Agarwal, J.

Heard Sri V.B. Shivhare, learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents as well as Sri Ram Tiwari, holding brief fro Smt Archana Singh, 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. 3,60,000/- in the year 2006. 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. 6,11,660/- 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 ins

















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