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Uttarakhand High Court · body

2016 DIGILAW 696 (UTT)

Surjeet Singh v. State of Uttarakhand

2016-10-03

V.K.BIST

body2016
JUDGMENT : V.K. Bist, J. Heard learned counsel for the parties. 2. Present petition has been filed by the petitioner for quashing the impugned citation dated 05.08.2016 issued by the respondent no. 2. Further prayer has been made for a direction to the respondents to make easy installments of the remaining amount of Rs.15,25,125/-. 3. Brief facts of the case, as narrated in the writ petition, are that in the year 2006, the petitioner took agriculture loan from the respondent bank, but the petitioner could not pay the due installments in time, due to loss in business and due to his ill health. Due to non-deposit of installment in time, the respondent no.3 has issued the impugned recovery citation dated 05.08.2016, through respondent no.2, against the petitioner. Learned counsel for the petitioner submitted that now petitioner is in a position to deposit the loan amount in installment. He also submitted that petitioner will also deposit the interest and recovery charges. 4. On the other hand, learned counsel for the respondents stated that respondents do not have any objection, in case, petitioner gives an undertaking that he will deposit the loan amount along with interest and recovery charges in eighteen equal installments. 5. In view of the submissions made by the learned counsel for the parties and in the interest of justice, it is directed that the respondent bank will inform the petitioner, in writing, on or before 15.10.2016 about the amount to be paid by the petitioner in eighteen installments. The petitioner is directed to deposit the loan amount along with interest and recovery charges in eighteen equal installments. First installment shall be paid by the petitioner on or before 15.11.2016. Remaining seventeen equal installments, as informed by the bank, shall be paid by him on or before 15th of every month respectively. In case the loan amount along with interest and recovery charges is paid within the stipulated period, the impugned citation dated 05.08.2016 shall stand quashed. 6. In case of any default, this order shall stand recalled automatically. 7. The writ petition is, accordingly, disposed of. 8. There will be no order as to costs. 9. Let a certified copy of this judgment be issued within 24 hours.