IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 211 of 2008 (M/S) Gulzar, S/O Akhtar, R/O Village Rahmatpur, Tehsil Roorkee, District Haridwar. …… Petitioner. Versus Collector Haridwar and two others. … Respondents. Sri Ajay Veer Pundir, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Addl. C.S.C. for the State-respondent nos. 1 and 2. Sri L.K.Tiwari, learned counsel for the respondent no. 3-Bank. Date June 09, 2008. Hon’ble B.S.Verma, J. Sri Ajay Veer Pundir, learned counsel for the petitioner, Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State and Sri L.K.Tiwari, learned counsel for the Bank-respondent no.3. Heard learned counsel for the parties and perused the record. This writ petition has been filed for issue a writ, order or direction in the nature of certiorari quashing the impugned recovery certificate dated 14-01-2008 passed by respondent no.3 (contained in Annexure No. 1 to the writ petition). Prayer has also been made for mandamus commanding the respondent no. 3 to accept the balance loan amount in instalments. According to the petitioner, he is a resident of village Rahmatpur, Tehsil Roorkee, District Haridwar. He took a house loan from the respondent no. 3 and constructed a house in the village. Petitioner has already deposited certain amount towards repayment of loan to the respondent no. 3-Bank, but due to some crisis, the petitioner failed to deposit the rest of the instalments in time. Consequently, the respondents issued recovery certificate for 2 recovery of Rs. 43,182/- plus recovery charges on 14-1-2008 vide Annexure No. 1. The petitioner is ready and willing to repay the entire outstanding amount of loan with recovery charges in easy instalments. During the course of arguments, learned counsel for the respondent no.3-Bank has submitted that the respondent no. 3- Bank has no objection to the facility of instalments if a sum of Rs. 20,000/- is deposited by the petitioner within one month and the rest of the outstanding amount along with recovery charges is deposited in three equal monthly instalments. In the circumstances of the case, the petitioner is directed to pay a sum of Rs. 20,000/- (twenty thousand) within a period of one month from today before the recovery officer and he shall pay the rest of the outstanding loan amount in three equal monthly instalments before respondent no.2 along with recovery charges. The first monthly instalment shall fall due by 15th August, 2008 and the subsequent monthly instalment shall be payable by 15th of each month thereafter. In case of default in making payment by the petitioner, as directed above, the respondents shall be at liberty to recover the entire outstanding amount along with recovery charges in lump sum from the petitioner. Accordingly, the recovery citation dated 14-01-2008 (Annexure No.1 to the writ petition) shall not be given effect to. With the above direction, the writ petition is disposed of finally. Costs easy. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 3 4