IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No. 1318 of 2010 In WRIT PETITION No. 289 of 2010 (M/S) 1. Sukhvinder Pal Singh, S/o Sri Amir Singh, R/o Rajpura No.1, Gadarpur, District Udham Singh Nagar. 2. Udai Virendra Pal Singh, S/o Sri Amir Singh, R/o Rajpura No.1, Gadarpur, District Udham Singh Nagar. ……Petitioners. Versus 1. State of Uttarakhand through District Magistrate, Udham Singh Nagar, District U.S. Nagar. 2. Tehsildar, Tehsil Gadarpur, District U.S. Nagar. 3. Nainital Almora Kshetriya Gramin Bank, Gadarpur, through its Branch Manager. ..Respondents. Mr. M.S. Pal. Senior Advocate with Mr Jagdish, Advocate for the petitioners. Mr. K.P. Upadhyay, Addl. C.S.C. for the respondent Nos. 1 and 2. Mr. K.K. Shah, Advocate for the respondent No.3. Date: - 16-03-2010 Hon’ble B.S. Verma J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioners have sought a writ in the nature of certiorari for quashing the citation dated 18-11-2009 passed by the respondent No.2 annexed as annexure No. 1 to the writ petition. According to the petitioners, they took a loan of Rs. 2,21,442.00 lacs for agriculture purpose from the respondent No.3-bank 0n 10-10-2007. The petitioners could not deposit the instalments regularly due to loss of crops. Ultimately, recovery certificate was issued by the respondent No.2 against the petitioners. 2 According to the petitioners they had already deposited Rs. One Lakh against the defaulted amount. During the course of arguments the learned counsel for the petitioners have urged that reasonable instalments may be fixed to repay the loan amount. On the other hand, learned counsel appearing for the respondent No.3-bank has submitted that on the basis of the instruction received from the bank, the Bank would have no objection if the entire outstanding amount along with recovery charges is paid by the petitioners in two instalments. In the above facts and circumstances of the case, the petitioners are directed to deposit the balance defaulted amount along with recovery charges in two instalments before the recovery officer i.e. Tehsildar concerned. The first instalments shall be payable by the petitioners by 31st October 2010 and the 2nd instalments shall be payable by 31st March 2011. It is made clear that in case the petitioners fail to deposit any of the instalments as directed above, the order of this Court shall stands vacated and the respondents would be at liberty to recover the entire outstanding amount from the petitioner in lump-sum. Accordingly, the impugned recovery certificate shall not be given effect to by the respondents. With the above direction, the writ petition is disposed of finally. (B.S. Verma, J.) 16-03-2010 MK