Court No. - 33
Case :- WRIT - C No. - 19616 of 2018 Petitioner :- Balbinder Singh Respondent :- District Magistrate Pilibhit And 2 Others Counsel for Petitioner :- Sushil Kumar Mishra,Anadi Krishna Narayana Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard the learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 & 2 and Sri Sanjeev Kumar Singh for respondent-Bank.
Against the recovery notice the petitioner has filed the present writ petition and prays that he is willing to pay the amount provided some breathing space is given.
The learned counsel for the respondent-Bank has no objection if the amount is paid in installments.
Considering the facts and circumstances of the case that has been brought on record, coupled with the fact that the petitioner is ready and willing to pay the amount, we dispose of the writ petition with the following directions:
(i) Petitioner shall deposit the amount in six quarterly installments, the first of which will be paid by 30 June 2018.
(ii) In case the amount, as indicated above, is deposited by the date fixed, the respondent Bank shall provide a schedule for re-payment of balance amount in five equal quarterly installments, and the same shall be deposited by the petitioner, accordingly.
(iii) Payment of recovery charges shall be in keeping with the judgment of the Full Bench of this Court reported in Maharajwa & Ors. Vs. State of U.P. & Ors [2013 (1) ADJ 426].
(iv) In case petitioner deposits the amount within the time stipulated hereinabove, the recovery proceedings will be kept in abeyance provided no previous writ petition has been filed for the same cause of action and no material fact has been concealed.
(v) In case, the petitioner makes default in depositing the initial amount or subsequent installments within the time stipulated by the Bank, it will be open for the respondents to start recovery proceedings against the petitioner.
(vi) If any amount is already deposited by the petitioner, the same shall be adjusted.
Order Date :- 28.5.2018/-MAA/-
(Jayant Banerji,J.)