Court No. - 3 Case :- MISC. SINGLE No. - 3652 of 2010 Petitioner :- Murlidhar Dwivedi S/O Radha Krishna Dwivedi Respondent :- Collector/D.M., Raibareli & Ors. Petitioner Counsel :- Ram Kripal Rastogi Respondent Counsel :- C.S.C.,Amit Jaiswal Hon'ble Shri Narayan Shukla,J.
Heard Mr.Ram Kripal Rastogi, learned counsel for the petitioner and Mr.Amit
Jaiswal, learned counsel for the opposite party No.2 as well as learned
Standing counsel for opposite parties 1 and 4.
The petitioner is aggrieved with the recovery certificate, whereby an
amount as due has been shown as Rs.2,71,064/-. The petitioner is 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 petitioner, provided the petitioner
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 17th of December, 2010 and
accordingly the petitioner 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
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 :- 17.6.2010
Banswar