High Court of Judicature at Allahabad
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Pradeep Kumar Rastogi And Another v. Oriental Bank Of Commerce, Farrukhabad And Another - WRIT - C No. 13604 of 2006  RD-AH 5425 (7 March 2006)
Hon. R.K. Agrawal, J.
Hon. (Mrs.) Saroj Bala, J.
At the out set, learned counsel for the petitioner Sri S.D. Kautilya submits that the petitioner is prepared and willing to deposit the entire amount in some easy instalments which may be fixed by the Court.
We have heard Sri S.D. Kautilya, learned counsel for the petitioner and Sri Tarun Verma, learned counsel appearing on behalf of the respondent nos. 1 and 2.
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 within a month, i.e. on or before 10.4.2006, the second instalment shall be paid on or before 10.7.2006, the third instalment shall be paid on or before 10.10.2006 and the last instalment shall be paid on or before 10.1.2007. The recovery proceeding shall initially remain stayed upto 10.4.2006 and if the petitioner made the deposit of the first instalment within the period prescribed the recovery proceeding shall remain stayed upto 10.7.2006 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 be 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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