Court No. - 3 Case :- MISC. SINGLE No. - 3679 of 2010 Petitioner :- Chandoo Lal Respondent :- State Of U.P.Through Secy.Revenue Dept. Lucknow And Others Petitioner Counsel :- Gulam Mustafa Respondent Counsel :- C.S.C.,Anurag Srivastava Hon'ble Shri Narayan Shukla,J.
Heard Mr. Gulam Mustafa, learned counsel for the petitioner, Miss Anuradha
Singh, learned Advocate holding brief of Mr. Anurag Srivastava, learned
counsel for the Bank and learned Standing Counsel for opposite parties 1 to 3.
The petitioner is aggrieved with the recovery citation dated 12.04.2010 to
show an amount of Rs. 5,54,169.00.
Though the petitioner does not dispute the liability of loan, but since he is not
capable to pay the whole amount in lump sum, he seeks permission of this
Court to pay the same in instalments.
Considering the facts and circumstances of the case, I stay the recovery
proceedings initiated against the petitioner, provided the petitioner deposits
1/4 of the aforesaid amount with a period of three months from today and rest
of the amount shall be deposited in eight quarterly instalments. The first
instalment shall become due on 18th of December, 2010and accordingly the
petitioner shall continue to deposit the rest of the instalments with up to date
interest with the Bank. On payment of last instalment, the Bank concerned
provide the statement of account regarding the balance amount, which shall
be paid by the petitioner within next three months. After deposit of 1/4 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 petitioner has made certain payments, and the adjustment of which
has not been made in the amount demanded, it will be open to the petitioner 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 petitioner commits any default in complying with any of the
aforesaid conditions, the benefit of this order would not be available to the
petitioner 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 :- 18.6.2010
Sanjeet