Smt. Krishna Devi vs State of Uttarakhand and others

Hon''ble Sudhanshu Dhulia, J.—Heard Mr. Ajay Veer Pundir, Advocate for the petitioner, Mr. Subhash Upadhyay, Brief Holder for the State of Uttarakhand and Mr. D.S. Patni, Advocate for respondent no. 4.

The petitioner has admittedly taken a loan from "State Bank of India, Gurukul Narsan, district Haridwar (from hereinafter referred to as "Bank"). At present the liability of the petitioner is to the tune of Rs. 6,18,716/- ( Rs. Six Lac Eighteen Thousand Seven Hundred Sixteen only).

Since the Bank requested the Revenue Authorities, the authorities concerned proceeded under the U.P. Public Moneys (Recovery of Dues) Act, 1972 and the Tehsildar, Tehsil Roorkee, district Haridwar (respondent no. 4) issued a Recovery Citation dated 5.8.2011 to the petitioner.

Counsel for the respondent-bank is also present in the Court and states that it is agreeable to him, if the petitioner pays the entire loan by way of installments.

Learned counsel for the Bank Mr. D.S. Patni also states that if the petitioner deposits a sum of Rs. 2,18,716/- ( Rs. Two Lac Eighteen Thousand Seven Hundred Sixteen) within a period of two months from today i.e. on or before 22.2.2012 then for the remaining amount the Bank may be fixed in easy though reasonable installments.

In view of the aforesaid, the writ petition is disposed of with the following direction on the consent of both the parties:-

In case petitioner deposits an amount of Rs. 2,18,716/- ( Rs. Two Lac Eighteen Thousand Seven Hundred Sixteen) with the respondent-Bank on or before 22.2.2012 the further recovery shall not be made as is being done presently and the remaining amount shall be paid by the petitioner in three quarterly installments, as fixed by the Bank. In case, the petitioner commits even one single default in payment of installments, the interim relief granted to the petitioner by means of the present writ petition shall automatically vacated.

No order as to costs.