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Satyedra Kumar v. State Of U.P. Thru' District Magistrate/Collector & Ors. - WRIT - C No. 9478 of 2003 [2003] RD-AH 28 (3 March 2003)


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Court No.32

Civil Misc. Writ Petition No.9478 of 2003

Satyendra Kumar vs State of U.P.& others

Hon'ble S. Rafat Alam, J.

Hon'ble D.R. Chaudhary, J.

In the instant writ petition the petitioner has prayed for issuance of writ of certiorari quashing the citation dated 31.1.2003 (Annexure 4) issued by respondent no.2 for recovery of an amount of Rs.1,20,995/- plus interest and recovery charges.

Heard Shri S.P. Pandey, learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos.1 & 2 and Shri R.B. Sahai, learned counsel appearing for respondent no.3.

At the outset learned counsel for the petitioner submitted that the petitioner does not dispute the amount shown in the impugned citation and is ready to deposit the same in easy instalments.  He also does not dispute that there is default in deposit of few instalments.

Learned counsel for the respondent-Bank does not propose to file counter-affidavit and has no objection to the prayer made on behalf of the petitioner if the petitioner deposits the entire amount in instalments.

Normally this Court does not interfere with the recovery proceeding.  However, in view of the facts that the petitioner is ready to deposit the entire amount and the Bank has no objection to the same, we dispose the writ petition at this stage with the direction that the entire amount shown in the impugned citation dated 31.1.2003 plus interest as well as recovery charges shall be deposited by the petitioner in four equal instalments.  First instalment shall be payable by the petitioner by 30.4.2003, second instalment shall be payable by 30.6.2003, third instalment shall be payable by 31.8.2003 and the last instalment shall be payable by 31.10.2003.  The recovery proceeding shall be kept in abeyance till 31.10.2003.  However, in the event of default in depositing any of the instalment this petition shall be deemed to have been dismissed and the recovery proceeding shall be revived.  It is needless to emphasize that on the payment of entire dues the recovery proceeding shall be dropped against the petitioner.  

With the aforesaid direction, the writ petition stands finally disposed of.




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