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Maheshwari Deen v. State Of U.P.& Others - WRIT - C No. 10521 of 2006 [2006] RD-AH 4065 (21 February 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. R.K. Agrawal, J.

Hon. (Mrs.) Saroj Bala, J.

At the out set learned counsel for the petitioner Sri Arun Kumar Tiwari submits that the petitioner is prepared to deposit the entire amount in some easy instalments which may be fixed by the Court.

We have heard Sri Arun Kumar Tiwari, learned counsel for the petitioner and Sri W.H. Khan, learned counsel appearing on behalf of the respondent no. 3.

Taking into consideration the statement/offer made by the learned counsel for the petitioner, we disposed of the writ petition with a direction to the petitioner to deposit the entire amount in four equal quarterly instalments. The first instalment shall be paid on 31.3.2006, the second instalment shall be paid on or before 30.6.2006 and the third instalment shall be paid on or before  30.9.2006 and the last instalment shall be paid on or before  31.12.2006. The recovery proceeding shall initially remain stayed upto 31.3.2006 and if the  petitioner made  the deposit of the first  instalment within the period prescribed the recovery proceeding  shall remain stayed upto 30.6.2006 and likewise in order to enable the petitioner to  deposit the entire  remaining amount. In the event of default the order staying the recovery shall ceased to have any effect and the authority will be at liberty to proceed to recover the amount in accordance with law.

With the aforesaid directions, the writ petition is disposed of.




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