Lalita Prasad vs District Magistrate Bageshwar and others

Heard learned counsel for the parties.

Present writ petition has been filed by the petitioner seeking following relief:-

"i) Issue a writ, order or direction in the nature of certiorari and call for the record of the case and quash the impugned Recovery notice dated 21.12.2016 (Annexure No. 1 to the writ petition) issued by the respondent no.2.

Brief facts of the case, as narrated in the writ petition are that petitioner took a loan of Rs. 4,00,000/- from the Bank. The petitioner has deposited a sum of Rs. 2,80,000/- against the said loan but could not pay the remaining amount, due to which respondent no. 3 has issued the recovery citation dated 21.12.2016, through respondent no. 2, against the petitioner. Hence, this writ petition.

Learned counsel for the petitioner submitted that now petitioner is ready to deposit the loan amount in installments. He submitted that the petitioner will deposit the first installment of Rs. 30,000/- on or before 31st March 2017. He further requested that since the petitioner is not able to deposit the entire amount in one time, he may be permitted to deposit the remaining loan amount in eleven equal monthly installments. He also submitted that the petitioner will also deposit the interest and other charges.

Mr. D.S. Patni, learned counsel appearing for the respondent Bank submitted that the respondent Bank does not have any objection, in case, petitioner gives an undertaking that he will deposit Rs. 30,000/- on or before 31.03.2017 and the remaining loan amount alongwith interest and other charges in eleven equal monthly installments.

In view of the submission made by learned counsel for the parties and in the interest of justice, it is directed that the petitioner will deposit Rs. 30,000/- with respondent bank on or before 31.03.2017. Thereafter, the respondent Bank will inform the petitioner, in writing, on or before 07.04.2017 about the amount to be paid by the petitioner in eleven equal monthly installments. Remaining eleven equal monthly installments, as to be informed by the Bank, shall be paid by him on or before 15th of every month respectively. In case the loan amount alongwith interest and other charges is paid within the stipulated period, the impugned citation dated 21.12.2016 shall stand quashed.

In case of default, this order shall stand recalled automatically.

The writ petition is, accordingly, disposed of.

There will be no order as to costs.