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Smt. Rajwati v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 66253 of 2005  RD-AH 4360 (18 October 2005)
Hon. S. K. Singh, J.
At the very outset counsel for the petitioner made statement that petitioner has to deposit an amount of Rs. 1,00,000/- immediately, in two instalments upon which the loan amount payable to the bank in due course will be paid and the petitioner will be saved of irreparable injury which has to take place on account of auction of the petitioner's property besides his arrest etc.
After hearing learned counsel for the parties, in view of the statement as made in para 4 of the writ petition that the petitioner has already deposited an amount of Rs. 68,634/- and his intention appears to be prima facie bonafide, this Court, in the interest of justice proposes to pass the following order pending disposal of this writ petition, after getting response from the respondent bank :
1. Petitioner may deposit an amount of Rs. 50,000/- by 30.11.2005 and thereafter he is to deposit remaining Rs. 50,000/- by 15.1.2006 directly with the respondent bank.
2. On the deposit of the first instalment the tractor if is still under attachment will be released at once but petitioner has to give undertaking before the concerned Tehsildar that he will not cause any damage and transfer the tractor in any manner.
3. If the amount is deposited in the aforesaid manner, the recovery of the huge amount which is to the tune of Rs. 3,63,139/- plus interest will be kept in abeyance.
4. In the event of default in depositing any of the instalment as indicated above, the interim protection given by this Court shall cease to operate and it will be open for the respondent bank to recover the amount by taking any coercive process to which petitioner states not to object.
5. Further arrangement in respect to the matter in issue may be made after response of the bank comes and the matter is heard next.
List this matter in the week commencing 12.12.2005.
Notice for respondent no. 1 to 3 has been accepted by the learned Chief Standing Counsel. Sri Nripendra Mishra, learned Advocate has accepted notice on behalf of respondent no. 4.
All the respondents may file counter affidavit by the next date.
Let certified copy of this order be given to the learned counsel on payment of usual charges today.
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