Court No. - 49
Case :- APPLICATION U/S 482 No. - 6477 of 2018 Applicant :- Ashok Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the parties and perused the record.
Earlier an order dated 31.05.2006 was passed against the applicant to pay maintenance allowance Rs. 1,000/- per month.
The present 482 Cr.P.C. application has been filed against the recovery warrant dated 23.05.2015 for an amount of Rs. 1,01,000/-. According to the applicant he has deposited an amount of Rs. 26,000/- (in all) from the date of the order being 31.05.2006 till date. Considering the above, an amount of not less than Rs. 1,40,000/- would be due against the applicant till February, 2018.
Lastly, it has been submitted by learned counsel for the applicant that he may be granted some time to comply with the order dated 23.05.2015 insofar as it provides for maintenance allowance from the date of order till February, 2018.
Accordingly, the instant application is disposed of with the following directions:
1. Subject to the applicant furnishing adequate security for the entire amount of Rs. 1,40,000/- to the satisfaction of the court below in the shape of other than cash or bank guarantee, by 31.03.2018 further coercive measures adopted against the applicant shall remain stayed, subject to other conditions provided herein.
2. The applicant shall continue to deposit the monthly maintenance allowance from the period from March, 2018 onwards as and when it becomes due, in the manner provided by the court below under the order dated 31.05.2006.
3. Subject to the applicant having complied with the above, the arrears of maintenance allowance for the period from the date of order till February, 2018 shall be deposited in three instalments. First Rs. 50,000/- being payable on or before 30.04.2018; second Rs. 50,000/- by 30.06.2018 and; the balance amount shall be deposited on or before 30.08.2018.
The amount of Rs. 26,000/- already deposited by the applicant may be adjusted towards last payment/s to be made by the applicant. The amount so deposited by the applicant shall be released to the opposite party no. 2 forthwith.
However, it is made clear that in the event of failure on part of the applicant to comply with any part of this order, coercive measures shall be revived from that stage without any further reference to this Court and recoveries be made first from the security, if any, offered by the applicant in compliance of this order.
Disposed of.
Order Date :- 26.2.2018 A. Singh