Preetam Singh vs State of Uttarakhand and Others

V.K. Bist, J.—Heard learned Counsel for the parties.

Present writ petition has been filed by the petitioner for the following reliefs:

i. Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 21.05.2010 issued by respondent No. 3 (contained as Annexure No. 2 to the writ petition.

ii. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent No. 3 to accept the loan amount in easy installments.

iii. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent not to take any coercive steps against the petitioner, in connection with the aforesaid recovery proceedings.

iv. Issue any other relief, which this Hon''ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner.

v. Cost of the petition be awarded in favour of petitioner.

According to the petitioner, petitioner has taken agriculture loan of Rs. 4,50,000/- from the respondent No. 4-Bank. Petitioner has paid some of the loan amount but due to financial difficulties petitioner was not in a position to deposit the loan amount in time. Therefore, for the non payment of installments respondent No. 3 issued Recovery Citation CRA No. 06/0970 on 21.05.2010 against the petitioner amounting to Rs. 6,17,920/- and Rs. 58,534 including recovery charges.

Mr. Ajay Veer Pundir, Advocate appearing for the petitioner prayed that petitioner is a poor farmer and due to his domestic problems he is not in a position to pay the huge amount of loan in lump sum. He submitted that petitioner is ready to deposit the entire amount of loan in six installments fixed by this Court. Mr. Nagesh Agarwal, Advocate appearing for respondent No. 4-Bank also agreed for the same.

Having heard learned Counsel for the parties and after considering the undertaking given by the petitioner and also in the interest of justice, the writ petition is disposed of in the following manner:

(i) Recovery citation dated 21.05.2010 issued by respondent No. 3 is hereby quashed.

(ii) Petitioner is permitted to deposit entire amount of loan including interest and recovery charges in six quarterly installments with respondent No. 4-Bank.

(iii) The first installment shall be deposited by the petitioner on 31st October, 2010. Remaining five installments shall be deposited on 31st January, 2010, 30th April, 2011, 31st July, 2011, 31st October, 2011 and 31st January, 2012 respectively.

iv. In case, the petitioner complies with the direction, no coercive measure shall be taken against him. Any failure on the part of the petitioner shall amount automatic vacation of the order.

Stay application No. 5367 of 2010 stands disposed of.