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Dhyan Pal v. State Of U.P. & Others - WRIT - C No. 25706 of 2007  RD-AH 10256 (29 May 2007)
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner and Sri Tarun Verma appearing for the respondent No. 5 and the learned standing counsel appearing for the respondents No. 1 to 4. By consent of parties, the writ petition is being finally disposed of.
By this writ petition the petitioner has prayed for quashing the citation 31.1.2007 by which notice was issued for auction for non payment of amount of Rs.5,08,524/- with interest.
The petitioner took a loan of Rs.4,50,000/- for purchase of tractor. The petitioner deposited some of the instalments but failed to deposit the entire amount. Subsequently the Bank initiated process of recovery.
The learned counsel for the petitioner has submitted that auction of the agricultural land has not yet taken place and he is ready to pay the amount provided he is given facility to make deposit in six equal instalments. Th counsel for the petitioner further submits that the petitioner be given this opportunity only if auction has not taken place and further the petitioner is liable to pay the amount along with upto date interest and in case of committing any default the recovery be revived.
Considering the facts of the present case and the fact that the petitioner is a poor farmer, ends of justice be served in disposing of the writ petition by following directions :-
1.The petitioner shall deposit the entire outstanding amount along with upto date interest in six equal quarterly instalments.
2.The first instalment be paid on or before 31st of July, 2007 and thereafter by 31st October, 2007, 31st January, 2008, 30th April 2008, 31st July, 2008 and 31st October, 2008 respectively.
3.In event of any default, the recovery shall stand revived. In event of no attachment or auction has taken place, petitioner shall not be liable to pay any recovery charges.
4.Subject to payment of the amount as directed above, the recovery in pursuance of the impugned notice shall remain stayed.
5.On payment of first instalment by the petitioner, the tractor shall be released in favour of the petitioner, however, attachment of the tractor shall continue till the entire amount is paid.
With the above directions the writ petition is disposed of.
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