HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1267 of 2010 (M/S) Mohd. Kalim .…Petitioner Versus State of Uttarakhand & others ...Respondents Mr. Z.U. Siddiqui, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State. Mr. Ashish Joshi, Advocate for respondent no.3-Bank. Hon’ble V.K. Bist, J. Heard learned counsel for the parties. 2. Present writ petition has been filed by the petitioner challenging the Recovery Citation dated 17.06.2010 issued by respondent no.2/Tehsildar, Tehsil-Haldwani, District Nainital (contained as annexure no.1 to the writ petition.). A writ of mandamus has further been prayed permitting the petitioner to deposit remaining amount in easy installments. 3. According to the petitioner, petitioner applied for loan before respondent no.3-Bank which was sanctioned as Rs.1,80,000/-under Prime Minister Employment Scheme from Block Haldwani, District-Nainital. The petitioner continuously paid installments to the Bank but due to some financial problem he could not deposit rest of the loan amount to the Bank in time. The petitioner requested the respondent no.3 for granting some time to deposit the remaining installment but the request of the petitioner was 2 not considered. Consequently, on 17.06.2010 the respondent no.2 issued recovery citation against the petitioner for recovery of loan amounting to Rs.1,83,626/-alongwith interest. 4. Mr. Z.U. Siddiqui, Advocate appearing for the petitioner prayed that due to some financial problem petitioner is not in a position to pay the huge amount of loan in lump sum. He submitted that petitioner is ready to deposit the balance amount of loan in six installments fixed by this Court adjusting the amount already deposited by him. Mr. Ashish Joshi, Advocate appearing for respondent no.3-Bank also agreed for the same. 5. Having heard learned counsel for the parties and after considering the undertaking given by the petitioner and also in the interest of justice, the writ petition is disposed of in the following manner:- (i) Recovery citation dated 17.06.2010 issued by respondent no.2 is hereby quashed. (ii) Petitioner is permitted to deposit balance amount of loan including interest in six equal installments with respondent no.3-Bank, after adjusting the amount already deposited by him. (iii) The first installment shall be deposited by 30th September, 2010. Remaining five installments shall be deposited on 31st December, 2010, 31st March, 2011, 30th 3 June, 2011, 30th September, 2011 and 31st December, 2011 respectively. iv. In case, the petition complies with the direction, no coercive measure shall be taken against him. Any failure on the part of the petitioner shall amount automatic vacation of the order. 6. Stay application no.5982 of 2010 stands disposed of. (V.K.Bist. J,) 27.07.2010 Arti 4