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2016 DIGILAW 73 (UTT)

Beena Pal v. State of Uttarakhand

2016-02-10

V.K.BIST

body2016
JUDGMENT : V.K. Bist, J. On due consideration, urgency application (IA No.1061 of 2016) is allowed. 2. Present petition has been filed by the petitioner for quashing the impugned auction order dated 05.02.2016 issued by S.D.M. Doiwala. Further, a prayer has been made for a direction to the respondents to permit the petitioner to deposit the entire outstanding amount in twelve monthly installments. 3. Brief facts of the case, as narrated in the writ petition, are that the petitioner was Secretary in the registered society named as Guru Ravindra Nand Educational Society at Village Resham Mazri, P.O. Doiwala, District Dehradun. On dated 31.03.2006, society obtained a commercial loan for Rs.9.00 Lac for purchasing computers and furniture for the school run by society. Society made the repayment of loan amount periodically but due to some unavoidable circumstances, there was default in making payment. Due to non-deposit of installment in time, the respondent no.3 issued a recovery citation through respondent no.2 against the petitioner for recovery of Rs. 7,58,283/-. 4. Learned counsel for the petitioner submitted that now petitioner is in a position to deposit the loan amount in installments. He also submitted that petitioner will also deposit the interest and recovery charges. 5. On the other hand, learned counsel for the respondents stated that respondents do not have any objection, in case, petitioner gives an undertaking that she will deposit Rs. 1.00 Lac as first installment, and thereafter, shall pay the remaining loan amount alongwith interest and recovery charges in eleven equal installments. 6. In view of the submissions made by the learned counsel for the parties and in the interest of justice, it is directed that the petitioner will deposit Rs. 1.00 as first installment by 10th of March, 2016 and thereafter shall deposit the remaining loan amount alongwith interest and recovery charges in eleven equal installments by the 10th of each month. In case the loan amount alongwith interest and recovery charges, as directed above, is paid within stipulated period, the impugned auction notice dated 05.02.2016 shall stand quashed. 7. In case of any default, this order shall stand recalled automatically. 8. The writ petition is, accordingly, disposed of. 9. Let a certified copy of this order be issued to learned counsel for the parties within 24 hours.