IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION No.1141 of 2009 (M/S) Dharam Pal Sharma ………….. Petitioner Versus Nainital Almora Kshetriya Bank & another ………… Respondents Hon’ble Dharam Veer, J. Dated: July 21, 2009 This writ petition has been filed by the petitioner with a prayer to issue writ of mandamus commanding the respondents not to recover the amount of loan of Rs.2,41,643/- (Rupees two lac forty one thousand six hundred forty three only) altogether and petitioner may be permitted to return the same in some easy installments. Heard Sri Pooran Singh Rawat, learned counsel for the petitioner and Sri M.L. Shah, learned counsel for the respondents-Bank. Briefly stated, facts of the case are that the petitioner took a loan of Rs.1,50,289/- from the respondents in the year 2002. Thereafter, the petitioner continued to make payment of loan installments till February, 2005. However, thereafter due to some financial difficulties, he could not pay the loan installments. On 7.3.2008, the petitioner received a notice from the respondents demanding Rs.2,41,643/- as the remaining amount of loan. On 15.4.2009, the petitioner also moved a representation to the respondents that he may be given some time to deposit the installments. Now by way of this writ petition, the petitioner has prayed that being a poor person, he may be permitted to deposit the amount of loan in installments. Learned counsel for the petitioner submitted that he is ready to pay the remaining amount of loan however he prayed that he may be permitted to deposit the same in the following manner: - 1. That he (the petitioner) shall pay Rs.50,000/- within a week from today. 2. Thereafter, he shall continue to pay Rs.20,000/- per month with interest to the respondents up till date. Sri M.L. Shah, learned counsel for the respondents-Bank has no objection to the above prayer made by the petitioner. The writ petition is therefore disposed of with the direction that the petitioner shall pay Rs.50,000/- to the respondents within a week from today and thereafter he shall continue to pay Rs.20,000/- per month with interest to the respondents up till date. However, it is made clear that in case of failure of any of the condition, the order passed by this Court shall stand vacated automatically. No order as to costs. (Dharam Veer, J.) July 21, 2009 Rajeev Dang