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Naresh Kumar & Another v. State Of U.P. Thru' Secy. Finance & Others - WRIT - C No. 70790 of 2005  RD-AH 5711 (14 November 2005)
Civil Misc. Writ Petition No. 70790 of 2005
Naresh Kumar and another Vs. State of U.P. and others.
Hon'ble Yatindra Singh,J
1. The petitioners took a loan from the respondent no.4. As the petitioners could not pay the said loan, the recovery proceedings have been initiated against them, hence the present writ petition.
2. We have heard counsel for the petitioners, Standing Counsel for the respondents no. 1 to 3 and Mr. A.. Mishra for respondent no. 3.
3. The counsel for the petitioners has made statement at the bar that this is the first writ petition against the recovery and this fact has also been stated in the writ petition. According to the petitioners they could not pay the loan due to the circumstances beyond their control. In view of this, it would be appropriate to dispose of this writ petition with the following directions:
. The petitioners may deposit the entire arrears in 10 instalments. In calculating the arrears the amount (if any) already paid will be adjusted.
. The first instalment may be deposited before the end of Jan, 2006 and the subsequent instalments may be deposited after the interval of every three months. These deposits may be made before respondent no.4 from where the loan was taken. In case instalments are deposited before respondent no.4 then the recovery charges will not be recovered from the petitioners.
. During this period, the recovery proceedings will be kept in abeyance. In case the petitioners default in depositing the instalments within the above stipulated time, it will be open to the respondents to start recovery proceedings again.
. The petitioners may file application for the accounts alongwith duly stamped self-addressed envelope. In case any such application is filed, the same will be given to the petitioner by respondent no.3 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 have filed any other earlier writ petition against the recovery.
With these observations the writ petition is disposed of.
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