Court No. - 35
Case :- WRIT - C No. - 19620 of 2019 Petitioner :- Rahat Trading Company Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Gautam,Brahmanand Singh Counsel for Respondent :- C.S.C.
Hon'ble Bharati Sapru,J. Hon'ble Vivek Varma,J.
Heard Shri M.K.Gautam, learned counsel for the petitioner, Sri B.N.Singh, learned Counsel for the respondent-Bank and Shri Nimai Dass, learned Additional Chief Standing Counsel assisted by Shri B.P.S. Kachhawah, learned standing counsel for the respondents-State.
The petitioner is not disputing the amount as demanded by the bank and he is ready and willing to deposit the amount in easy instalments.
Learned counsel for the respondent Bank has no objection in accepting the amount in easy instalments.
Accordingly, this Court fixes four equal monthly instalments for the petitioner. The first instalment will become payable on 30th of June, 2019 and the rest three instalments will be paid by the petitioner on the 30th day of each succeeding month.
Insofar as the recovery charges, if any, is concerned, it is open to the petitioner to approach the Collector concerned for waiving the recovery charges. In the event such an application is filed, it shall be dealt with in accordance with law by the authority concerned.
In case, the petitioner deposits the amount in instalments as stated above, no coercive measures may be taken against the petitioner.
Failure to deposit any instalment within time as stated above will leave it open to the respondent to proceed in accordance with law.
With the aforesaid observations, the writ petition stands disposed of. No costs.
Order Date :- 31.5.2019 Lbm/-