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2012 DIGILAW 367 (UTT)

KRIPAL SINGH v. TEHSILDAR, TEHSIL SITARGANJ, U. S. NAGAR

2012-07-10

B.S.VERMA

body2012
JUDGMENT Hon’ble B.S.Verma, J. (Interim Relief Application No. 6785 of 2012) Learned counsel for the petitioners seeks permission to correct the particulars of the respondent no.2 so as to correct the name instead of Bank of Patiala to the State Bank of Patiala. 2. Permitted to correct the particulars of respondent no.2 as prayed for during the course of the day. 3. By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned recovery citation (Annexure No.1 to the petition) issued by the respondent no.1. The petitioners have also sought a writ in the nature of mandamus directing the respondent no.2 to permit the petitioner to deposit the entire outstanding dues in easy instalments. 4. Learned counsel for the respondents have submitted that the writ petition may be disposed of finally at admission stage without inviting counter version as on today as the petitioners are ready to deposit the entire outstanding amount under the impugned recovery citation (Annexure 1 to the writ petition) along with recovery charges. 5. According to the petitioners, the petitioners took an agricultural loan for a sum of Rs. 1,25,000/- for purchase of agricultural equipments from the State of Patiala, Branch Sitarganj, but to loss in agriculture, the petitioners could not repay the loan amount in time, which gave rise to the impugned recovery citation. 6. 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 equal quarterly instalments. 7. Having heard learned counsel for the parties and having considered the facts and circumstances of the case as well as in the interest of justice, the petitioners be directed to pay the entire outstanding amount under the recovery citation (Annexure No.1 to the petition) along with recovery charges in five equal quarterly instalments. The first quarterly instalment shall be payable by 10th August, 2012. 8. Accordingly, the petitioners are directed to pay the entire outstanding amount under the impugned recovery citation (Annexure-1 to the writ petition) along with recovery charges and interest before the recovery officer in five equal quarterly instalments. The first quarterly instalment shall be payable by 10th August, 2012 and the subsequent quarterly instalment shall fall due by the 10th day of the month after every three months thereafter. The first quarterly instalment shall be payable by 10th August, 2012 and the subsequent quarterly instalment shall fall due by the 10th day of the month after every three months thereafter. It is made clear that in case of default in payment by the petitioners, as directed above, the respondents would be at liberty to recover the entire outstanding amount along with recovery charges from the petitioners 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. 9. All pending applications stand disposed of.