Court No. - 3
Case :- WRIT - C No. - 15903 of 2017 Petitioner :- Ram Saran Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- C.S.C.,Sudha Pandey
Hon'ble Krishna Murari,J. Hon'ble Ravindra Nath Kakkar,J.
Heard Sri Sanjay Srivastava, learned counsel for the petitioner, learned Standing Counsel appearing for State respondents and Smt. Sudha Pandey, learned counsel appearing for respondent no.4.
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 stands disposed of with the direction that further recovery proceedings against the petitioner shall be kept in abeyance with liberty to deposit the demanded amount with up- to-date interest in four equal instalments. The first instalment be paid by 31st May, 2017, the second instalment by 31st August, 2017, the third instalment by 30th November, 2017 and the last instalment by 28th February, 2018. 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 dues 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 :- 17.4.2017 AKT