SAHEB DEEN v. MADHUP TIWARI, BRANCH MANAGER BANK OF INDIA DISTT. - BARABANKI
CAPL/998/2025 · 2025-04-07
Ashwani Kumar Mishra
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 132078 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132078 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19330 Court No. - 16 Case :- CONTEMPT APPLICATION (CIVIL) No. - 998 of 2025 Applicant :- Saheb Deen Opposite Party :- Madhup Tiwari, Branch Manager Bank Of India Distt. - Barabanki Counsel for Applicant :- Ram Karan Yadav Hon'ble Ashwani Kumar Mishra,J.
1. This contempt petition has been filed alleging disobedience of the order passed by this Court in Writ-C No.8596 of 2024, dated 01.10.2024, which is reproduced hereinafter:-
"1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-opposite parties no.1 to 3 and Sri Nitin Srivastava, learned counsel appearing for opposite party no.4. 2. This writ petition has been filed with the following main prayer:-
"1. Issue a writ, order or direction in the nature of Certiorari quashing the impugned Recovery Certificate dated 03.07.2024 issued by opposite party no.2 as contained in Annexure No.1 to the writ petition. 2. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.4 to accept the loan amount in easy installments framed and fixed by this Court without charging the collection charge."
3. It is the case of the petitioner that he had taken a loan of Rs.4,85,000/- from the Kisan Credit Card from opposite party no.4 on 16.07.2015 but due to financial hardships, he could not repay the loan in time and now the Bank has shown Rs.13,55,528/- as outstanding against the petitioner in the recovery certificate. The petitioner is willing to pay the amount, but because of the financial difficulties, he prays that a direction be issued to the Bank to accept the same in easy installments. 4. Learned counsel appearing for the Bank has submitted before this Court that the Bank is only interested in the recovery of its dues. 5. This writ petition is disposed of with a direction to the petitioner to deposit Rs.2,00,000/- (Rupees Two Lakhs) within four weeks from today with opposite party no.4 i.e. latest by 04.11.2024 and the Bank shall thereafter issue a correct statement of account to the petitioner. The petitioner shall pay the remaining amount of loan dues in four equal quarterly installments. In case the petitioner fails to deposit any of the installments as directed above, the Bank shall be free to proceed against the petitioner in accordance with law for recovery of its dues."
2.
It is admitted that only a sum of Rs.1 lac has been paid by the applicant/petitioner within the time permitted by the Writ Court. The contention of petitioner that he offered a cheque of remaining amount cannot be accepted, inasmuch as specific direction to the applicant/petitioner was to have deposited a
sum of Rs.2 lac. There is also no banker's cheque or demand draft prepared in the name of the Bank. Applicant/petitioner's contention that he was ready with the cheque, cannot be accepted or relied upon, so as to hold the opposite party prima facie guilty of contempt. 3. The present petition is, accordingly, dismissed. Order Date :- 7.4.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad, Lucknow Bench