Court No. - 32
Case :- WRIT - C No. - 11652 of 2018 Petitioner :- Vijay Shankar Gupta Respondent :- Chairman/M.D., U.P. Purvanchal Vidyut Nigam Ltd And 3 Others Counsel for Petitioner :- Ganesh Shanker Srivastava,Ashwini Kumar Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Petitioner has approached this Court challenging recovery proceeding initiated by Purvanchal Vidyut Nigam Limited for recovery of all its outstanding dues.
Learned counsel for the petitioner at the very outset states that he is not contesting the payment on merits, but on account of stringent financial situation and the fact that petitioner is a poor labour, he may be permitted to deposit entire outstanding dues in instalments.
Shri R. S. Umrao appearing for respondent No. 1 and 2 opposed the prayer to permit the petitioner to deposit the outstanding dues in instalments.
However, considering the fact that petitioner is a poor labour, we deem it appropriate that he may be permitted to deposit the total outstanding dues in four instalments, the writ petition is disposed of with the direction that further recovery proceeding against the petitioner shall be kept in abeyance with liberty to the petitioner to deposit the demanded amount in four equal instalment. The first instalment be paid by 30th April, 2018, the second instalment by 31st August, 2018, the third instalment by 31st December, 2018 and the last instalment by 30th April, 2019.
It is made clear that in case of default in payment of any of the instalment as directed above, this order shall stand automatically vacated and the respondents will be at liberty to realize the entire amount in accordance with law.
With the aforesaid observation and directions, writ petition stands disposed of finally.
Order Date :- 30.3.2018 Ravi Prakash