Allahabad High Court
Smt. Hem Lata Singh vs State Of U.P. & Another on 18 January, 2010
Bench: Prakash Krishna, Yogesh Chandra Gupta
Court No. - 36 Case :- WRIT - C No. - 1836 of 2010 Petitioner :- Smt. Hem Lata Singh Respondent :- State Of U.P. & Another Petitioner Counsel :- Rakesh Kr. Singh Chauhan,Smt. Neelam Singh Chauhan Respondent Counsel :- C.S.C.,Siddharth Hon'ble Prakash Krishna,J.
Hon'ble Yogesh Chandra Gupta,J.
The present writ petition has been filed against the notice dated 15th of January, 2009 (Annexure -1 to the writ petition).
The learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount. Necessary averment in this regard has been made in para 11 of the writ petition. The learned counsel for the respondent Bank, Sri Raj Kumar Dhama holding brief of Sri Siddharth, Advocate, has no objection if sometime is granted to the petitioner to make the deposit. The writ petition is disposed of on the following terms:-
The recovery proceedings against the petitioner shall be kept in abeyance provided the petitioner pays the entire dues in four equal instalments. The first instalment shall be paid by the petitioner by 15th of February 2010, the second instalment shall be paid by 15th of May 2010, the third instalment shall be paid by 15th of August 2010 and the last instalment shall be paid by 15th of November, 2010. Any amount deposited earlier by the petitioner shall be adjusted.
It is made clear that in case of default in payment of any of the instalments as aforesaid, this order shall stand automatically vacated and the respondents will be at liberty to realize the entire amount in accordance with law.
(Prakash Krishna, J.) (Yogesh Chandra Gupta, J.) Order Date :- 18.1.2010 LBY