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Uttarakhand High Court · body

2012 DIGILAW 148 (UTT)

Neeraj Giri S/o Gopal Giri v. State of Uttarakhand, Through Collector, District Haridwar

2012-04-04

B.S.VERMA

body2012
B.S.Verma, J.— (Stay Application No. 2607 of 2012) Learned counsel for the petitioner files affidavit of service upon respondent no.3. The same is taken on record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned recovery citation dated 31-1-2012 issued by the respondent no.2 for a sum of Rs. 1,74,570-00 plus other charges (Annexure No.1 to the writ petition). Learned counsel for the respondent no.1 and 2 has submitted that the writ petition may be disposed of finally at admission stage as on today as the petitioner is ready to deposit the entire outstanding amount under the impugned recovery citation (Annexure 1 to the writ petition) along with recovery charges. According to the petitioner the petitioner took a loan to the tune of Rs. 1,16,000/- from the respondent no.3-Bank on 31-1-2008 for getting diploma of Flight Steward. The amount of loan was to be paid within a period of five years. When the loan amount was not repaid to the Bank within the stipulated period, the impugned recovery citation has been issued against the petitioner. During the course of arguments, learned counsel for the petitioner has submitted that the petitioner is ready to repay the entire outstanding amount in six quarterly instalments. In the above facts and circumstances as well as in the interest of justice, the petitioner is directed to pay the entire outstanding amount under the recovery citation (Annexure No.1 to the petition) along with recovery charges in six equal quarterly instalments. The first quarterly instalment shall be payable by 15th May, 2012. Accordingly, the petitioner is directed to pay the entire outstanding amount under the impugned recovery citation (Annexure-1 to the writ petition) along with recovery charges before the recovery officer in six equal quarterly instalments. The first quarterly instalment shall be payable by 15th May, 2012 and the subsequent quarterly instalment shall fall due by the 15th day of the month after every three months thereafter. It is made clear that in case of default in payment by the petitioner, as directed above, the respondents would be at liberty to recover the entire outstanding amount along with recovery charges from the petitioner in lump sum. Accordingly, the impugned recovery citation (Annexure-1 to the petition) shall not be given effect to by the respondents. With the above direction, the writ petition is disposed of finally. Accordingly, the impugned recovery citation (Annexure-1 to the petition) shall not be given effect to by the respondents. With the above direction, the writ petition is disposed of finally. All pending applications stand disposed of. _