Court No. - 36 Case :- WRIT - C No. - 51841 of 2009 Petitioner :- Phagu Prasad Respondent :- State Of U.P. & Others Petitioner Counsel :- R.P. Singh Respondent Counsel :- C.S.C.,Tarun Verma Hon'ble Prakash Krishna,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard Sri R.P. Singh, learned counsel for the petitioner, learned standing
counsel for respondents No. 1 and 2 and Sri Tarun Verma, learned counsel
appearing for respondent No.3.
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.
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 notice dated 3.8.2009, issued by
respondent No.2, Annexure- 3 to the writ petition, shall be kept in abeyance in
case the petitioner deposits the amount raised in the recovery notice 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 :- 22.1.2010
NS