HIGH COURT OF UTTARAKHAND AT NAINITAL MCC No. 573/10 (Modification Application) Mohd. Mustafa. --Applicant IN Writ Petition No. 1128 of 2010 Mohd. Mustafa. ……..Petitioner Versus S tate of Uttarakhand and others. …….Respondents Mr. Rajendra Singh, Advocate for applicant/petitioner, Mr. N.P. Sah, Standing Counsel for the State, Mr. Ajay Singh Bisht, Advocate for respondent no.3 Dated: July 26, 2010 Hon’ble V.K. Bist, J. This application has been filed by the applicant/ petitioner seeking modification of the order dated 08.07.2010 passed by this Court. Learned counsel for the applicant submits that vide order dated 08.07.2010, while disposing of the writ petition, although this Court permitted the petitioner to deposit the entire amount of loan including interest and recovery charges in six instalments, excluding the first installment of Rs. 1,50,000/-, but due to inadvertent mistake the petitioner has been directed to deposit the remaining amount in five installments. He prayed that the remaining amount may be directed to be deposited in six installments. He further prayed that the respondent no.2 was also directed to release the Tractor of the petitioner, but order dated 08.07.2010 is also silent in this regard. Heard learned counsel for the parties and perused the record. Nothing is in rebuttal. The modification application is allowed. Accordingly order dated 08.07.2010 passed by this Court is modified to the extent that the petitioner shall 2 deposit the remaining amount in six equal installments, after the first installment of Rs. 1,50,000/- is deposited. Rest six installments shall be deposited by the petitioner by 31st October, 2010, 31st January, 2011, 30th April, 2011, 31st July, 2011, 31st October, 2011 and 31st January, 2012. It is also made clear that in case the petitioner deposits first installment amounting to Rs. 1,50,000/- within the stipulated time, the respondent no.2 shall release the Tractor of the petitioner in his favour. Let certified copy of this order be supplied to learned counsel for the petitioner today itself on payment of usual charges. (V.K. Bist, J.) 26.07.2010 NCM: