Court No. - 29
Case :- WRIT - C No. - 38710 of 2018 Petitioner :- M/S Adarsh Rice Mill And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Sunil Kumar Singh, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The petitioners are aggrieved by the recovery certificate date 26.10.2018 whereby a sum of Rs.16,11,336/- plus expanses are being sought to be recovered from them.
Learned counsel for the petitioners instead of arguing the matter on merits, submits that the petitioners are ready and willing to make the payment provided some reasonable time is granted or instalments are fixed.
Learned Standing Counsel has no objection, if the amount is paid by the petitioners within a reasonable time as per the discretion of the Court.
In view of the aforesaid facts and circumstances of the case, we dispose of the writ petition with the direction to the petitioners to deposit a sum of Rs.4,11,336/- within a period of one month from today and the balance amount of Rs.12 lacs shall be paid by them in four quarterly instalments of Rs. three lacs each. The first instalment would commence from 1.1.2019 so that the entire amount is cleared by 31.12.2019. In the event the petitioners deposits the aforesaid amount of Rs.4,11,336/- within a month, the recovery of the balance amount shall remain stayed subject to payment of instalments as directed above. In the last instalment, the petitioners shall also add the amount of all miscellaneous expanses with up to date interest. It is made clear that in the event of default in payment/deposit of any of the instalments the benefit of the stay order would cease and it would be open for the respondents to make recovery of the entire balance amount, in accordance with law.
Order Date :- 27.11.2018 Hasnain