IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1613 (MS) of 2009 Balbir Singh Rana …Petitioner Versus State of Uttarakhand and others …Respondents Mr. H.S. Dhillon, Advocate for the petitioner. Mr. K.P. Upadhyay, learned Addl. Chief Standing Counsel for the State of Uttarakhand/ respondent no. 1 and 2. Mr. Arvind Vashisth, Advocate for respondent no. 3. Dated: September 25, 2009 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present writ petition has been filed by the petitioner for quashing of the Recovery Certificate no. 153877 dated 10.08.2009 issued by the Tehsildar, Tehsil Nainital. Brief facts of the case are that on 23.03.2009 the petitioner took personal loan of Rs. 40,000/- (Rs. Forty thousand) from the Central Bank of India, Branch Mallital, Nainital for a period of three years and the monthly installments were fixed for repayment of loan. Till 15.09.2009 the petitioner deposited Rs. 8,705/- (Rs. Eight thousand seven hundred five) in his loan account. On 18.10.2008 the petitioner took another loan of Rs. 3,50,000/- (Rs. Three lacs fifty thousand only) from the aforesaid bank for the period of three years. On 15.09.2009 total debit amount in this account is 3,95,723/- (Rs. Three lacs ninety five thousand seven hundred twenty three only) out of which the petitioner has deposited Rs. 66,448/- (Rs. Sixty six thousand four hundred forty eight only). The submission of the petitioner is that he is running a small shop of vegetable at Post Office Road Mallital, Nainital and is not getting 2 sufficient earning to pay the aforesaid entire amount in one time due to t financial hardship. Learned counsel for the petitioner submitted that the petitioner is ready to deposit the entire amount of loan in six equal installments alongwith the interest. Shri Arvind Vashisth, learned counsel for the Bank submitted that since petitioner did not make repayment of loan in time, recovery citation was issued. After hearing learned counsel for the parties and in view of the statement of learned counsel for the petitioner that the petitioner is ready to deposit entire amount of loan in six equal installments with interest, the petitioner is permitted to deposit entire amount of loan in six installments. The petitioner shall deposit first installment on or before 25th November 2009 and remaining installments shall be deposited on or before 25th of each month alongwith interest and recovery charges. Last installment shall be deposited on or before 25th April, 2010. In the meantime it is directed that no coercive measure shall be taken against the petitioner. In the event of default, this order shall stand vacated. With these observations, the writ petition is disposed of. (V.K. Bist, J.) VKG 25.09.2009