Court No. - 36 Case :- WRIT - C No. - 3935 of 2010 Petitioner :- Amar Nath Respondent :- State Of U.P. & Others Petitioner Counsel :- Siddharth Singh Respondent Counsel :- C.S.C.,A. Sahai Hon'ble Prakash Krishna,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the parties.
Learned counsel for the petitioner states that the petitioner is prepared to pay
the disputed amount in easy instalments, to which learned counsel for the
respondents have no objection. Necessary averments in this regard have been
made in paragraph No.10 of the writ petition.
After considering the submission and perusing the records, we dispose of this
writ petition with the direction that the recovery proceedings against the
petitioner in pursuance of recovery citation dated 30.11.2009, issued by
respondent No.4, Annexure-2 to the writ petition, shall be kept in abeyance in
case the petitioner deposits the amount raised in the recovery citation and
collection charges if any in four equal quarterly instalments. The first
instalments shall be paid by the petitioner by 15th March 2010, the second
instalment shall be paid by 15th June 2010, the third instalment shall be paid
by 15th September 2010 and the last instalment shall be paid by the petitioner
by 15th December 2010. Any amount earlier deposited by the petitioner shall
be adjusted.
It is made clear that in case of default in payment of any of the instalments as
aforesaid, this order shall stand automatically vacated and the respondents
will be at liberty to realise the entire amount in accordance with law.
Order Date :- 29.1.2010
NS