Neutral Citation No. - 2023:AHC:219225

Court No. - 9

Case :- CONTEMPT APPLICATION (CIVIL) No. - 8369 of

2023

Applicant :- Rajesh Chaudhary

Opposite Party :- Alok Sachan Branch Manager Of Uttar

Pradesh Shahkari Gram Vikas

Counsel for Applicant :- Shashi Prakash Giri

Hon'ble Rohit Ranjan Agarwal,J.

The writ Court on 20.07.2023 while deciding Writ-C No.21063

of 2023 had passed the following order:-

"Heard Mr. Shashi Prakash Giri, learned counsel for the petitioner and

Mr. Manoj Nigam, learned counsel for the respondent-Bank.

With the consent of learned counsel for the parties, this writ petition is

being finally disposed off at this stage without calling for a counter

affidavit.

The present petition has been filed with the following prayers:

"(i) issue a writ, order or direction, in the nature of certiorari quashing

the impugned recovery citation dated 12.12.2022 issued by the respondent

no. 2 against the petitioner for depositing an outstanding due amount of

Rs. 3,40,000/- within 15 days from the date of service of the impugned

recovery citation.

(ii) issue a writ, order or direction, in the nature of certiorari to quash the

impugned attachment/kurki order dated 19.06.2023 passed by respondent

no. 2 for mortgaged land property of the petitioners.

iii) issue a writ, order or direction, in the nature of mandamus directing

the respondent authority/Bank not to take any coercive measure against

the petitioner in the garb of impugned recovery citation attachment/kurki

orders in any manner."

On 10.07.2023, the following order has been passed:-

"Heard Mr. Shashi Prakash Giri, learned counsel for the petitioner and

Mr. Manoj Nigam, learned counsel for the respondent-Bank.

Learned counsel for the petitioner submits that the petitioner took a loan

of Rs. 70,000/- in the year 2008-09 from the concerned Bank but due to

some personal difficulty he could not maintain the regular payment of

installments,therefore, recovery citation dated 12.12.2022 of Rs.3,40,000/-

has been issued against him without giving the benefit of one time

settlement as quoted by the government and recovering interest of an

amount which is more than the principal amount.

Learned counsel for the respondent-bank submits that he is ready and

willing to consider the aforesaid grievance of the petitioner in case the

petitioner deposits the principal amount of Rs. 70,000/-.

In view of the above, the petitioner is directed to deposit Rs. 70,000/- by

18th July, 2023 before the respondent-Bank.

Put up this matter as fresh on 20th July, 2023."

In compliance of aforesaid order the petitioner has already deposited Rs.

70,000/- before the respondent-bank.

Learned counsel for the petitioner submits that the petitioner is ready and

willing to deposit the rest outstanding amount of Rs. 2,35,596/- within the

time fixed by this Court.

Learned counsel appearing for the Bank fairly states that the Bank is

interested in realizing the entire amount alongwith interest and if the

petitioner deposits the amount within the time granted by this Court, no

further action shall be taken against the him by the Bank.

Considering the facts and circumstances of the case and in the interest of

justice, the present writ petition is disposed off with the following

directions:-

(i) The rest outstanding amount shall be deposited by the petitioner in four

monthly equal installments.

(ii) The installments shall be deposited in first week of respective calendar

month.

(iii) Recovery proceedings during this period will be kept in abeyance. In

case petitioner commits default in depositing any of the installments

within the above stipulated time, it will be open to the respondents to start

recovery proceedings again by taking coercive process to which the

petitioner undertakes not to challenge.

(iv) Petitioner may file an application for supply of statement of account

along with the duly stamped self addressed envelope. In case any such

application is filed, t