Court No. - 35
Case :- WRIT - C No. - 18955 of 2019 Petitioner :- Raj Kumar Awasthi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kalp Dev Mishra Counsel for Respondent :- C.S.C.,Abhishek Sharma,S B Singh Hon'ble Bharati Sapru,J. Hon'ble Vivek Varma,J.
Heard Shri Kalp Dev Mishra, learned counsel for the petitioner and Sri Abhishek Sharma, learned Counsel for the respondent-Bank.
Learned counsel for the petitioner states that the petitioner has been served with a recovery citation dated 29.03.2019 showing dues of Rs.2,53,940/- on him. He further states that the petitioner is ready and willing to deposit the amount due on him in easy instalments.
Learned Counsel for the contesting respondent has no objection in accepting the amount in easy instalments.
Accordingly, this Court fixes four equal monthly instalments to be deposited by 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.
In case, the petitioner deposits the amount in instalments as stated above, no coercive measures may be taken against him.
Insofar as the penalty, if any, is concerned, it is open to the petitioner to take recourse to the remedy of appeal available to him under the law.
Failure to deposit any instalment within time as stated above, will leave it open to the respondents to proceed in accordance with law.
With the aforesaid observations, the writ petition stands disposed of. No costs.
Copy of this order be given to Sri Kalp Dev Mishra, learned Counsel for the petitioner today itself on payment of usual charges for necessary communication.
Order Date :- 30.5.2019 S.P.