Court No. - 3 Case :- MISC. SINGLE No. - 3766 of 2010 Petitioner :- Uttam And Another Respondent :- State Of U.P.Thro.D.M.Barabanki And Ors. Petitioner Counsel :- Kunwar Shyam Babu Respondent Counsel :- C.S.C.,Anurag Srivastava Hon'ble Shri Narayan Shukla,J.
Heard Mr.Kunwar Shyam Babu, learned counsel for the petitioners and
Ms.Anuradhan Singh, learned Advocate holding brief of Mr.Anurag Srivastava,
learned counsel for the opposite party No.3 as well as learned Standing
counsel for opposite parties 1 and 2.
The petitioners are aggrieved with the recovery certificate, whereby an
amount as due has been shown as Rs3,44,269.27/-. The petitioners are ready
to deposit the same but in installments.
Considering the facts and circumstances of the case, I hereby stay the
recovery proceedings initiated against the petitioners, provided the petitioners
deposits 1/4 of the aforesaid amount within a period of three months from
today and rest of the amount shall be deposited in six quarterly instalments.
The first instalment shall become due on 16th of December, 2010 and
accordingly the petitioners shall continue to deposit the rest of the instalments
with up to date interest with the Bank. After deposit of ΒΌ of the amount as
provided here-in-above, in case the petitioners’ tractor has been attached in
the recovery proceedings, the same shall be released forthwith. In case the
petitioners have made certain payments, and the adjustment of which has not
been made in the amount demanded, it will be open to the petitioners to give
proof of the same to the Bank and if such a proof is given, the Bank shall
adjust the said amount.
In case the petitioners commit any default in complying with any of the
aforesaid conditions, the benefit of this order would not be available to the
petitioners and it will be open to the opposite parties to realize the entire
amount due in accordance with law.
With the above directions, the writ petition is disposed of finally.
Order Date :- 2.7.2010
Banswar