AI Structured Summary
Not yet generated for this judgment
Judgment
B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.
By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned recovery citation dated 19-7-2010 amount to Rs. 1,85,802/- plus recovery charges passed by Tehsildar Bazpur-respondent No. 2 ( Annexure No. 1 to the writ petition).
According to the petitioner, he took an agricultural loan from Bhumi Vikas Bank, Branch Kashipur Udham Singh Nagar in the year 1996 to the tune of Rs. 45,000/- and amount of Rs. 30,000/- from the Bazpur Branch. The said bank had been closed therefore the petitioner could not repay the loan amount. Ultimately the recovery citation was issued by the respondent No. 3 through respondent No. 2 on the ground that the bank which granted loan merged in the respondent no.3-bank.
During the course of arguments, learned Counsel for the petitioner has urged that the petitioner is ready and willing to repay the entire outstanding amount of loan in easy instalments. On the other hand, the learned Counsel for the respondent No. 3-Bank has submitted that the respondent-bank would have no objection if the entire outstanding amount under the recovery citation along with recovery charges is paid by the petitioner in not more than six equal quarterly instalments and the first instalment being paid within two months.
In the above facts and circumstances, it would be in the fitness of things that the petitioner be directed to pay the entire outstanding amount under the recovery citation in six equal quarterly instalments, the first quarterly instalment being payable by November 30, 2010.
In the above facts and circumstances, the petitioner is directed to pay the entire outstanding amount under the recovery notice/citation (Annexure-1 to the petition) in six equal quarterly instalments before the recovery officer-respondent No. 2-Tehsildar Bazpur (Udham Singh Nagar) along with recovery charges. The first quarterly instalment shall be payable by the last day of November 2010 and the subsequent instalments shall fall due by the last day of the month after every three months thereafter. It is made clear that in case the petitioner commits default in payment of any of the instalments, as directed above, the respondents would be at liberty to recover the entire outstanding amount from the petitioner in lump-sum. Accordingly, the impugned recovery citation dated 19-7-2010 issued by the respondent No. 2 (Annexure-1 to the petition) shall not be given effect to by the respondents.
With the above direction, the writ petition is disposed of finally.