Subhash Singh and another vs Tehsildar, Sitarganj and another

Sudhanshu Dhulia, J.—Heard Mr. Tumul K. Nailwal, Advocate for the petitioners, Mr. K.C. Tiwari, Brief Holder for the State of Uttarakhand and Mr. K.K. Sah, Advocate for respondent no. 2.

The petitioner no. 1 and petitioner no. 2 have admittedly taken two loans from Branch Manager, Bank of Baroda, Sitarganj, district Udham Singh Nagar (hereinafter referred to as "the Bank"). At present the liability of the petitioners is to the tune of Rs. 8,01,485/- (Eight Lac, One Thousand, Four Hundred Eighty Five).

Since the Bank requested the Revenue Authorities, the authorities concerned proceeded under the U.P. Public Moneys (Recovery of Dues) Act, 1972 and the Tehsildar, Tehsil Roorkee, district Haridwar (respondent no. 3) issued a Recovery Citation dated 2.8.2011 to the petitioners.

After hearing learned counsel for the petitioner and the Bank, the parties agree that the matter be disposed of in case the petitioner deposits the entire amount within a reasonable time.

As such, the writ petition is disposed of with a direction to the petitioners to pay an amount of Rs. 2,00,000/- ( Rs. Two Lac only) on or before 23.01.2012. In case, the said amount is deposited by the petitioners with the bank on or before 20.01.2012, for the remaining loan amount, the Bank shall fix three equal installment of three monthly each, which shall be paid by the petitioners regularly. The first installment shall be paid by the petitioners on or before 23.04.2012, second installment on or before 23.7.2012, and the last installment shall be paid by the petitioner on or before 23.10.2012, the last installment shall also include with it the interest and recovery charges. In case of any default of payment of installments, the Bank will be free to initiate recovery proceeding.

With the aforesaid direction, the writ petition is disposed of.

No order as to costs.