IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.824 of 2010 (M/S) Mannawar Ali ………..Petitioner Versus State of Uttarakhand & others …….Respondents Shri Khalil Ahmad, learned counsel for the petitioner. Mr. N.P. Shah, learned Standing Counsel for the State/respondent nos.1 & 2. Smt. Mamta Joshi, learned counsel for the respondent no.3. Dated: 07th July, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present petition has been filed by the petitioner for quashing the impugned recovery citation dated 22.05.2010 issued by the respondent no.2. Brief facts of the case, as narrated in the writ petition, are that the petitioner took loan of Rs.4,80,000/- from the respondent no.3 for purchasing a car in the year 2005. The petitioner deposited Rs.41,000/- till February, 2010. Learned counsel for the petitioner submitted that the petitioner could not deposit the installment in time and has deposited Rs.41,000/- till February, 2010. Due to non deposit of installment in time, the respondent no.3 issued the recovery citation for the recovery of Rs.4,24,045/- from the petitioner. He further submitted that now petitioner is in a position to deposit the entire loan amount in installments. He also 2 submitted that petitioner will also deposit the interest alongwith the recovery charges. On the other hand, learned counsel for the respondent no.3 stated that respondent no.3 does not have any objection, in case, if the petitioner gives an undertaking that he will deposit the entire amount of loan alongwith interest and recovery charges in 4 installments. In view of submission made by the learned counsel for the parties, the citation dated 22.05.2010 is quashed. The petitioner is directed to deposit the entire amount in the following terms: a. First installment shall be paid by the petitioner on or before 30.09.2010. b. Second installment shall be paid by the petitioner on or before 31.12.2010. c. Third installment shall be paid by the petitioner on or before 31.03.2011. d. Fourth installment shall be paid by the petitioner on or before 30.06.2011. In case of any default, this order shall stand vacated automatically. The writ petition is disposed of. Stay application (CLMA No.4011/2010) also stands disposed of. (V.K. Bist, J.) Arpan 07.07.2010