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Achint Veer Singh vs State of Uttarakhand and Others

Uttarakhand High Court · Decided on 27 January 2011 · Citation: (2011) 01 UK CK 0043

HON’BLE JUDGES
V.K. Bist, J
CASE NUMBER
Writ Petition No. 168 of 2011 (M/S)
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Judgment

25 paragraphs · 520 words

V.K. Bist, J.

(Urgency Application No. 404 of 2011)

1.

Heard Shri Zafar Ullah Siddiqui, learned Counsel for the Petitioner, Shri H.M. Raturi, learned Standing Counsel for the State/Respondent Nos. 1 & 2 and Shri K.K. Sah, learned Counsel for the Respondent No. 3 on the urgency application.

2.

For the reasons stated, urgency application is allowed.

WPMS No. 168 of 2011

3.

Heard learned counsel for the parties.

4.

Present petition has been filed by the Petitioner for quashing the impugned recovery citation dated 04.01.2011 issued by the Respondent No. 2.

5.

Brief facts of the case, as narrated in the writ petition, are that the Petitioner took loan of Rs. 4,50,000/- from the Respondent No. 3 for construction of the shop in the year 2004. The Petitioner deposited Rs. 2,62,000/- in the bank till date.

6.

Learned Counsel for the Petitioner submitted that the Petitioner could not deposit the installment in time and has deposited Rs. 2,62,000/- in the bank till date. Due to non-deposit of installment in time, the Respondent No. 2 issued the recovery citation for the recovery of Rs. 5,50,344/-. He further submitted that now Petitioner is in a position to deposit the entire loan amount in installments. He also submitted that Petitioner will also deposit the interest and the recovery charges.

7.

On the other hand, learned Counsel for the Respondent No. 3 stated that Respondent No. 3 does not have any objection, in case, if the Petitioner gives an undertaking that he will deposit the entire amount of loan alongwith interest and recovery charges in 12 installments.

8.

In view of submission made by the learned Counsel for the parties, the citation dated 04.01.2011 is quashed. The Petitioner is directed to deposit the entire amount alongwith interest and recovery charges in the following terms:

a. First installment of Rs. 50,000/- shall be paid by the Petitioner on or before 28.02.2011.

b. Second installment of Rs. 50,000/- shall be paid by the Petitioner on or before 31.05.2011.

c. Third installment of Rs. 50,000/- shall be paid by the Petitioner on or before 31.08.2011.

d. Fourth installment of Rs. 50,000/- shall be paid by the Petitioner on or before 30.11.2011.

e. Fifth installment of Rs. 50,000/- shall be paid by the Petitioner on or before 29.02.2012.

f. Sixth installment of Rs. 50,000/- shall be paid by the Petitioner on or before 31.05.2012.

g. Seventh installment of Rs. 50,000/- shall be paid by the Petitioner on or before 31.08.2012.

h. Eight installment of Rs. 50,000/- shall be paid by the Petitioner on or before 30.11.2012.

i. Ninth installment of Rs. 50,000/- shall be paid by the Petitioner on or before 28.02.2013.

j. Tenth installment of Rs. 50,000/- shall be paid by the Petitioner on or before 31.05.2013.

k. Eleventh installment of Rs. 50,000/- shall be paid by the Petitioner on or before 31.08.2013.

l. Rest of the amount shall be paid by the Petitioner on or before 30.11.2013.

9.

In case of any default, this order shall stand vacated automatically.

10.

The writ petition is disposed of. Stay application (CLMA No. 537/2011) also stands disposed of.