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Rajendra Prasad Sharma & Another v. State Of U.P. & Others - WRIT - C No. 14957 of 2006  RD-AH 5928 (10 March 2006)
Civil Misc. Writ Petition No.14957 of 2006
Sri Rajendra Prasad Sharma & Anr.
State of U.P. & Ors.
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Dilip Gupta, J.
This petition has been filed challenging the recovery of the balance amount under the loan.
We have heard learned counsel for the parties and have perused the materials available on record.
The petitioners admit the liability but are not in a position to make the payment in lump sum. It is suggested by the learned counsel for the respondents that in case the petitioners deposit 1/3rd of the amount due under the notice within a period of three weeks from today and make an application before the authority which had granted the loan for fixing installments for the remaining amount, the authority will consider it and pass appropriate orders in accordance with law.
In view of the above, we dispose of the petition with a direction that in case the petitioners deposit 1/3rd of the amount due under the notice within a period of three weeks from today and make an application for fixing the installments for the balance amount with the concerned authority, an appropriate order shall be passed on that application in accordance with law.
For a period of three weeks, no recovery shall be made against the petitioners. However, in case the petitioners fail to deposit the aforesaid amount within the said stipulated period of three weeks, respondents shall be at liberty to make the recovery in accordance with law.
Let a certified copy of this order be made available to the learned counsel for the parties on payment of usual charges by today itself.
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