Pankaj Purohit, J
1. Petitioner has challenged the impugned recovery citation dated 20.07.2024 whereby a recovery of an amount of Rs.11,98,765/- is raised.
2. Heard learned counsel for the parties.
3. Learned counsel for the petitioner submits that he is admitting the liabilities and he wants to settle the account by repaying the same in easy
installments.
4. Learned counsel for the respondent-Bank has drawn the attention of this Court on Annexure 2 to the writ petition, which is an order dated
03.11.2022 passed by the Coordinate Bench of this Court in WPMS No.2698 of 2022 whereby the petitioner was directed to pay the outstanding
amount in six equal monthly installments. Learned counsel for the respondent-Bank submits that petitioner failed to comply with the order passed by
the Coordinate Bench of this Court and now he is again before this Court. He further submits that the equitable relief cannot be granted to a person,
who himself is a defaulter. In this case despite the order passed by the Coordinate Bench of this Court, petitioner failed to pay the money outstanding
against him
5. Learned counsel for the petitioner submits that he has taken a loan for Grilling Industry/Weilding Shop and due to his poor health this business of the
petitioner failed and he could not repay the loan. However he also submitted that pursuant to the order dated 03.11.2022 passed by the Coordinate
Bench of this Court petitioner has given Rs.1,02,000/- only and due to his distressing financial condition, loan could not have been paid.
6. Learned counsel for the petitioner prayed this Court to make four installments of the total amount of the loan to be paid by the petitioner and he
undertakes to pay a total amount of Rs.12,34,840/-(including interest) as on date, in four installments.
7. This Court is of the view that purely in the interest of justice, on humanitarian ground, a liberty is being given to the petitioner to repay the entire
outstanding amount of Rs.12,34,840/-(including interest) as on date, in four equal monthly installments within a period of four months from today.
8. If petitioner fails to make the payment, as directed above, respondent Bank shall be free to recover the entire amount.
9. Accordingly, the writ petition is disposed of.
