Court No. - 29
Case :- WRIT - C No. - 26666 of 2021 Petitioner :- M/S Shiv Shakti Entrprises Garaura Bazar Through Its Proprietor Hemlal Jaiswal Respondent :- State Of U P And 2 Others Counsel for Petitioner :- M J Akhtar Counsel for Respondent :- C.S.C.,Bhagwan Dutt Pandey
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
The writ petition has been filed assailing the auction notice dated 14.09.2021 issued by the Respondent No.2, Land Sale Officer, Nagar Sahkari Bank Ltd., Nichlaul, Maharajganj, exercising powers under Rule 314 of the U.P. Cooperative Societies Rules, 1968 as also the attachment order dated 26.08.2021 passed under Section 92(B) of the U.P. Cooperative Societies Act, 1965. A prayer to restrain the respondents from adopting any coercive measure against the petitioner pursuant to the auction notice dated 14.09.2020 has also been prayed.
This Court vide order dated 02.11.2021 while granting time to the State respondents to file reply on or before 17.12.2021 issued notices to the unrepresented respondents returnable on 17.12.2021. The Court further ordered that if the petitioner deposits 50% of the amount of demand, the recovery against the petitioner shall remain stayed.
Today, the writ petition has been listed.
Learned counsel for the petitioner submits that the order dated 02.11.2021, so far as deposit of 50% of the amount is concerned, could not be complied with and he seeks further two weeks time to comply with the same.
Sri B.D. Pandey, learned counsel, who has put in appearance on behalf of the Respondents No.2 & 3 submits that since the petitioner has failed to comply with the order dated 02.11.2021 of the Court, no further indulgence be granted and the writ petition is liable to be dismissed. He, however, submits that in the event the petitioner is willing to clear the entire dues which admittedly is to the tune of Rs.12,92,985/- indulgence may be granted by the Court.
Learned counsel for the petitioner submits that he is willing to clear the entire dues in easy instalments.
Since the petitioner is willing to clear the admitted dues of Rs.12,92,985/- and the learned counsel for the respondents has given his consent to accept the same in easy instalments, we are of the opinion that no fruitful purpose would be served by keeping the writ petition pending and, accordingly, dispose of the same as under:-
(i) The petitioner shall deposit a sum of Rs.2 Lacs with the Respondent No.3, within a period of two weeks from today.
(ii) The balance amount including interest shall be paid by the petitioner in eight equal instalments.
On deposit of Rs.2 Lacs, as directed above, the impugned auction notice dated 14.09.2021, the attachment order dated 26.08.2021 and further proceeding consequent thereto shall be kept in abeyance.
In the event of default by the petitioner in complying with any of the conditions aforementioned, the respondents shall be at liberty to revive the proceeding against the petitioner.
The writ petition is, accordingly, disposed of in the aforesaid terms.
Order Date :- 17.12.2021 pks