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Vishnu Sharma v. State Of U.P. Thru' Secy. Revenue & Others - WRIT - C No. 43007 of 2005  RD-AH 3342 (21 September 2005)
Court No. 1
Civil Misc. Writ Petition No.43007 of 2005
Vishnu Sharma Vs. State of UP and others.
HON'BLE YATINDRA SINGH, J.
HON'BLE RK RASTOGI, J.
1. One Sri R.K. Chaturvedi had taken loan from respondent No.4 of which petitioner is guarantor. Sri R.K. Chaturvedi paid part of the loan but could not pay the entire loan so recovery has been started. Hence the present writ petition.
2. We have heard Counsel for the petitioners and Sri N Misra, counsel for the respondents.
3. The counsel for the petitioner has stated that the petitioner is able to pay the amount in instalment. He has further made statement at the bar that this is the first writ petition against the recovery. In view of this, it would be appropriate to dispose of this writ petition with the following directions.
The petitioner may separately deposit half of the entire arrears each in six instalments.
The first instalment may be deposited by the end of December 2005 and the subsequent instalments may be deposited after the interval of every three months. These deposits may be made before respondent No. 4. In case instalments are deposited before respondent No. 4 then the recovery charges will not be recovered from the petitioner.
During this period, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the instalments within the above-stipulated time, then it will be open to the respondents to start recovery proceedings against that petitioner again.
The petitioner may file application for the accounts along with duly stamped self-addressed envelope. In case any such application is filed, the same will be given to the petitioner by respondent No. 4 after deposit of first instalment.
This order will not affect any auction already held. In that event the petitioner may take appropriate legal proceedings to set aside the auction under UPZA & LR Act and Rules, 1952 or file a suit in accordance with law.
It is clarified that this order will not be operative in case the petitioners had filed any other earlier writ petition against the recovery.
4. With these directions the writ petition is disposed of.
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