Court No. - 32
Case :- WRIT - C No. - 11578 of 2018 Petitioner :- Anand Sagar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Upendra Kumar Pandey Counsel for Respondent :- C.S.C.,Habib Ahmad
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 4 and Shri Habib Ahmad for respondent no. 5 bank.
This petition has been filed challenging the recovery proceeding for recovery of dues. It has been stated in paragraph no. 1 that this is the first writ petition against the recovery proceeding. Learned counsel for the petitioner states that the petitioner is ready to pay the dues in instalments. Learned counsel appearing for the respondent-bank has no objection.
After considering the submission and perusing the records, the writ petition is disposed of with the direction that further recovery proceeding against the petitioner shall be kept in abeyance with liberty to the petitioner to deposit the demanded amount in four equal instalment. The first instalment be paid by 30 April, 2018, second instalment by 31 August, 2018, third instalment by 31 December, 2018 and the last instalment by 30 April, 2019. Any amount deposited by the petitioner after issuance of the recovery certificate shall be adjusted. In case, the petitioner deposits the entire demanded amount as directed aforesaid, demand of recovery charges shall stand waived and the recovery proceeding shall be dropped.
It is made clear that in case of default in payment of any of the instalment as directed aforesaid or the averment that this is the first writ petition is false, this order shall stand automatically vacated and the respondents will be at liberty to realize the entire amount in accordance with law.
Order Date :- 30.3.2018 nd