Jamaluddin and Another vs Allahabad Bank and Others

B.S. Verma, J.

(Stay Application No. 8277 of 2010)

Heard learned Counsel for the parties and perused the record.

By means of this writ petition, the Petitioners have sought a writ in the nature of certiorari quashing the impugned recovery citation dated 13-9-2010 (Annexure No. 1 to the writ petition).

According to the Petitioners, they took agricultural loan of Rs. 1,00,000/- and Rs. 2,00,000/- respectively on 29-9-2006 and 17-3-2008 from the Respondent No. 1-Bank under the Kisan Swarnjayanti Yojna after mortgaging their agricultural land with the Bank but to illness and financial crisis, the Petitioners could not repay the loan amount to the bank concerned. Ultimately on 13-7-2010, a recovery citation (Annexure-1) was issued by Respondent No. 3-Tehsildar Bilaspur against the Petitioners demanding a sum of Rs. 4,07,965/- along with other expenses, which gave rise to the present writ petition.

In the course of arguments, learned Counsel for the Petitioners submitted that the Petitioners are ready and willing to repay the entire outstanding amount under the recovery citation along with recovery charges in easy instalments. On the other hand, learned Counsel for the Respondent-Bank Mr. K.K. Shah, Advocate, has submitted that the Respondent-Bank would have no objection if the entire outstanding amount along with recovery charges is paid by the Petitioners in not more than six equal quarterly instalments, the first instalment to be paid within a period of six weeks.

In the above and circumstances of the case, it would be in the fitness of things to direct the Petitioners to repay the entire outstanding amount under the impugned recovery citation (Annexure No. 1 to the petition) along with recovery charges before the recovery officer-Tehsildar Bilaspur in six equal quarterly instalments. The first quarterly instalment shall be payable by 25th day of November, 2010.

Accordingly, the Petitioners are directed to pay the entire outstanding amount under the recovery citation (Annexure-1 to the petition) in six equal quarterly instalments before the recovery officer-Respondent No. 3-Tehsildar Bilaspur, District Rampur (U.P.) along with recovery charges. The first quarterly instalment shall be payable by 25th day of November 2010 and the subsequent instalments shall fall due by the 25th day of the month after every three months thereafter. It is made clear that in case the Petitioners commit a default in payment of any of the instalments, as directed above, the Respondents would be at liberty to recover the entire outstanding amount from the Petitioners in lump-sum. Accordingly, the impugned recovery citation issued by the Respondent No. 3 (Annexure-1 to the petition) shall not be given effect to by the Respondents.

With the above direction, the writ petition is disposed of finally.