Court No. - 27 Case :- MISC. BENCH No. - 7079 of 2010 Petitioner :- Umesh Kumar Respondent :- State Of U.P. Trough Its Principal Secy.,Samaj Kalyan Vibhag Petitioner Counsel :- Amit Srivastava Respondent Counsel :- C.S.C.,Rajan Roy Hon'ble Devi Prasad Singh,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner, Sri Sanjai Singh holding brief of Sri
Rajan Roy, learned counsel for the Vitt Vikas Nigam, and learned Chief
Standing Counsel.
The petitioner has taken loan from the respondent Nigam. On account of
defualt of payment of dues, impugned citation of recovery has been issued. It
has been stated by the petitioner’s counsel that the respondent Nigam has not
given correct statement of account and notice contains some much higher
amount than the amount the respondent Nigam have charged for payment.
Submission is that the petitioner is ready to pay the entire amount at an early
date in easy instalments and the respondent Nigam may furnish him correct
statement of account.
Learned counsel for the respondent Nigam has no objection in case the
petitioner is permitted to deposit the entire dues in easy instalments.
Accordingly, respondents are directed to furnish the petitioner the correct
statement of account within 15 days from the date of receipt of a certified
copy of this order. Thereafter, the petitioner is permitted to pay the entire
dues in five equal quarterly instalments. The first instalment shall fall due in
September, 2010. However, in the event of default of payment of dues, it
shall be open for the respondents to proceed in accordance with law to recover
the entire amount.
The writ petition is accordingly disposed of.
Order Date :- 28.7.2010
Rajneesh)