High Court of Judicature at Allahabad
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Babu Ram Kushwaha v. State Of U.P. Thru' Secy. Revenue Deptt. Sec. Lkw. & Ors. - WRIT - C No. 43794 of 2006  RD-AH 13598 (18 August 2006)
Hon. R.K.Agrawal, J.
Hon.Vikram Nath ,J.
This writ petition has been filed for a writ of mandamus directing the respondents not to take any coercive measures in recovering the loan dues and to accept the same in easy installments.
The learned counsel for the petitioner states that due to some problem the petitioner could not deposit the instalment of the loan amount. Now, he is willing to deposit the same provided some easy installments are fixed by the Court. The learned counsel appearing for the respondents has no objection if the petitioner is permitted to deposit the dues in four equal quarterly instalments.
In view of the above, we dispose of this writ petition with the direction to the authority concerned that the petitioner shall be permitted to deposit the amount outstanding against him in four equal quarterly instalments. The first instalment falling due on 31.10.2006. The amount of interest payable, if any, shall also be paid alongwith the last instalment. However, it is made clear that in case of default, this order shall stand automatically vacated and the respondents shall be at liberty to realize the entire balance amount in accordance with law. Further, this order will have no effect if the petitioner has earlier been granted an order of payment of said dues in instalments by this Court and the petitioner has defaulted in payment of the instalments.
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