By means of present writ petition, the petitioner is seeking a writ of certiorari for quashing the impugned recovery proceedings initiated against the petitioner on the basis of notice dated 10.06.2010 issued by the opposite party no.1, as contained in Annexure-1 to the writ petition. Learned counsel for the petitioner does not dispute the liability to pay the loan amount but prays that the opposite party no.2 be directed to provide the statement of account after deducting the amount which has already been paid. It is also submitted that on receipt of the notice dated 10.06.2010, the petitioner immediately deposited Rs.25,000/- on 25.06.2010 and the petitioner is ready to deposit the rest of the amount in easy equal instalments.
Learned counsel for the opposite parties has no objection to the prayer of learned counsel for the petitioner. In view of the above, without entering into the merits of the case, I hereby direct the opposite parties to keep in-abeyance the recovery proceedings initiated against the petitioner with further directions to the opposite party no.2 to provide the statement of account to the petitioner within a week from today and the petitioner will pay the entire loan amount in five equal quarterly instalments. The first instalment will be paid within three weeks from today.
It is made clear that in case of default on making payment of any of the instalments, the benefit of this order will not be available to the petitioner and the opposite parties will be at liberty to proceed against the petitioner as per law. Subject to the aforesaid observations and directions, the writ petition is disposed of finally.
Order Date :- 28.6.2010 Suresh/-