Court No. - 36 Case :- WRIT - C No. - 2230 of 2010 Petitioner :- M/S. Agarwal Cold Storage & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- Kshitij Shailendra Respondent Counsel :- C.S.C.,Maneesh Trivedi,Rudra Pratap Singh Hon'ble Prakash Krishna,J.
Hon’ble Yogesh Chandra Gupta,J.
We have heard Sri Kshitij Shailendra, learned counsel for the petitioners and
Sri Rudra Pratap Singh, learned counsel appearing for the contesting
respondent No.2 to 4.
A supplementary affidavit has been filed today, is taken on record.
In paragraph No.18 of the writ petition, it has been stated that the petitioners
are ready to deposit the balance amount in easy instalments.
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 auction notice dated 29.12.2009 issued by
respondent No.4, Annexure-7 to the writ petition, shall be kept in abeyance in
case the petitioner deposits the due amount 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 :- 19.1.2010
NS