Court No. - 36 Case :- WRIT - C No. - 996 of 2010 Petitioner :- Satya Prakash Rai Respondent :- State Of U.P. & Others Petitioner Counsel :- A.K. Ojha Respondent Counsel :- C.S.C.,D. Vaish Hon'ble Prakash Krishna,J.
Hon’ble Yogesh Chandra Gupta,J.
We have heard Sri A.K. Ojha, learned counsel for the petitioner, learned
standing counsel for respondents no. 1 and 2 and Sri Shesh Nath Bhatt,
Advocate, holding brief of Sri D Vaish, learned counsel appearing for
respondents No.3.
This petition has been filed challenging the recovery proceedings initiated
against the petitioner for recovery of the dues. Learned counsel for the
petitioner states that the petitioner is prepared to pay the dues in 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 recovery notice dated 15.10.2009 and 27.11.2009
issued by respondent no.3, Annexure-2 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 :- 13.1.2010
NS