IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.14988 of 2008 Date of decision: 17.10.2008 Shree Lakshmi Dal. -----Petitioner Vs. State of Punjab and others. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE L.N. MITTAL Present:- Mr. B.S. Bhalla, Advocate for the petitioner. Mr. G.S. Sandhawalia, Advocate for respondent No.2. ----- ORDER: This petition seeks quashing of notice dated 18.3.2008 (Annexure P-5), requiring the petitioner to deposit a sum of Rs.14,24,732/-. Case of the petitioner is that he took loan of Rs.3,40,000/- on 3.11.1982 by mortgaging the property. On account of default, the petitioner made a representation and vide resolution dated 29.6.1988 (Annexure P-1), the Financial Corporation agreed to waive off the penal interest and rescheduled the instalments from September, 1987 @ Rs.10,000/- per month for one year. The petitioner made payment of instalments @ Rs.10,000/- per month for a period of three years. The petitioner was called upon to pay Rs.14,24,732/- on the ground that the C.W.P. No.14988 of 2008 petitioner defaulted in payment schedule. Case of the petitioner is that he complied with the payment schedule and was willing to pay any further amount which may be due. Stand of the Corporation is that even though the petitioner paid instalments as per schedule mentioned in the resolution, Annexure P-1, the petitioner did not pay the entire amount and demand of Rs.84,661/- was raised vide letter dated 6.6.2003 (Annexure R-10), which was not met. Learned counsel for the petitioner submits that as per Annexure P-4 dated 19.12.2007, a sum of Rs.261613.79 was due as on 15.10.2007 but vide letter dated 18.3.2008, demand was raised to Rs.14,24,732/-. We do not find any justification for raising the demand from Rs.261613.79 as on 15.10.2007 to Rs.14,24,732/- as on 15.4.2007. We, accordingly, quash Annexure P-5 and direct the Financial Corporation to accept the payment of Rs.261613.79 as per demand (Annexure P-4) as on 15.10.2007 with further interest which may have become due in accordance with law, after giving the credit for amount, if any, paid by the petitioner towards the said demand. The petition is disposed of. ( ADARSH KUMAR GOEL ) JUDGE October 17, 2008 ( L. N. MITTAL ) ashwani JUDGE 2