IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1356 of 2010 (M/S) Praveen Saini ………..Petitioner Versus State of Uttarakhand & others …….Respondents Shri Ajay Veer Pundir, learned counsel for the petitioner. Shri P.C. Bisht, learned Brief Holder for the State/respondent nos.1 to 3. Shri B.S. Thind, Advocate holding brief of Shri S.K. Jain, learned counsel for the respondent no.4. Dated: 10th August, 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 15.07.2010 issued by respondent no.3 (contained as Annexure 2 to the writ petition). Brief facts of the case, as narrated in the writ petition, are that the petitioner took an agricultural loan for the production of Herbal Plants and Tube well through account nos.30060067722 & 30039772298. Due to some financial difficulties, the petitioner could not regularize his account and he could not deposit the regular installments with the respondent bank. Ultimately, the impugned recovery citation was issued for recovery of Rs.8,67,778/-by the respondent no.3 against the petitioner on 15.07.2010. During the course of arguments, learned counsel for the petitioner submitted that due to financial hardship the petitioner could not deposit the 2 installment and recovery citation was issued against the petitioner. He submitted that the petitioner is ready and willing to pay the entire outstanding amount alongwith recovery charges in easy quarterly installments. Learned counsel for the respondent no.4- Bank also submitted that the respondent-Bank does not have any objection if entire outstanding amount under the recovery citation is deposited by the petitioner before the recovery officer in four equal quarterly installments. In view of aforesaid statement of learned counsel for the parties it is directed that the entire outstanding amount under the recovery citation dated 15.07.2010 issued by respondent no.3 (Annexure-2 to the petition) shall be paid by the petitioner in four equal quarterly installments before the recovery officer-respondent no.3. The first quarterly installment shall be payable by the last day of August, 2010 and the subsequent installments shall be paid on or before 30th November, 2010, 28th February, 2011 and 31st May, 2011. It is made clear that in case the petitioner commits default in payment of any of the installments, as directed above, the respondents would be at liberty to recover the entire outstanding amount from the petitioner in lumpsum. The impugned recovery citation dated 15.07.2010 issued by the respondent no.3 (Annexure- 2 to the petition) shall not be given effect to by the respondents. With the above direction, the writ petition is disposed of. Stay application no.6341/2010 also stands disposed of. (V.K. Bist, J.) Arpan 10.08.2010