Allahabad High Court
Vijay Shankar Singh vs State Of U.P. & Others on 28 January, 2010
Bench: Prakash Krishna, Yogesh Chandra Gupta
Court No. - 36 Case :- WRIT - C No. - 3937 of 2010 Petitioner :- Vijay Shankar Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Siddharth Singh Respondent Counsel :- C.S.C.,A. Sahai Hon'ble Prakash Krishna,J.
Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the parties.
Learned counsel for the petitioner states that the petitioner is prepared to pay the disputed amount in easy instalments, to which learned counsel for the respondents have no objection. Necessary averments in this regard have been made in paragraph No.10 of the writ petition.
After considering the submission and perusing the records, we dispose of this writ petition with the direction that the recovery proceedings against the petitioner in pursuance of recovery citation dated 30.11.2009, issued by respondent No.4, Annexure-2 to the writ petition, shall be kept in abeyance in case the petitioner deposits the amount raised in the recovery citation and collection charges if any in four equal quarterly instalments. The first instalments shall be paid by the petitioner by 15th March 2010, the second instalment shall be paid by 15th June 2010, the third instalment shall be paid by 15th September 2010 and the last instalment shall be paid by the petitioner by 15th December 2010. Any amount earlier deposited 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 realise the entire amount in accordance with law.
Order Date :- 28.1.2010 NS