IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1088 of 2008 (M/S) Sunder Lal Verma, S/O Shri Nathu Lal Verma, R/O Village Daulia, P.O. Halduchaur, Tehsil Lalkuan, District Nainital, Uttarakhand. …… Petitioner. Versus State of Uttarakhand through Collector/District Magistrate Nainital and two others. … Respondents. Sri S.C.Bhatt, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Addl. C.S.C. for the State-respondents 1-2. Sri K.K.Sah, learned counsel for the respondent no. 3-Bank. Date July 04, 2008. Hon’ble B.S.Verma, J. Sri S.C.Bhatt, learned counsel for the petitioner, Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State-respondent no.1 and 2 and Sri K.K.Sah, 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 08-02-2008 passed by respondent no.2 (contained in Annexure No. 1 to the writ petition). Prayer has also been made for mandamus commanding the respondents not to recover the amount by force and by confiscation or by auction of the petitioner’s property . According to the petitioner, he is a small shopkeeper of the village and he is holding current account No. 52873 with the respondent no.3-Bank. In order to develop his business, the petitioner availed the facility of overdraft from respondent no.3 upto the limit of Rs. 3,00,000/-. The petitioner withdrew different 2 amounts from the current account within the limit of overdraft fixed by the respondent no.3. On 8-2-2008, the respondent no. 2 issued a recovery certificate cum citation directing the petitioner to appear and amount of Rs. 3,34,302/- was shown as recoverable against him vide Annexure No.1. On 18-2-2008, the petitioner deposited a sum of Rs. 91,000/- with respondent no.2. Petitioner has annexed copy of statement of account issued by the Bank as Annexure No.2. The petitioner is ready and willing to repay the entire outstanding amount 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 the entire outstanding amount is deposited by the petitioner along with recovery charges in not more than three quarterly instalments. In the circumstances of the case, the petitioner is directed to pay the entire outstanding loan amount in three equal quarterly instalments before respondent no.2 along with recovery charges. The first quarterly instalment shall fall due by 15th August 2008 and the subsequent quarterly instalment shall be payable by 15th day of the month after every three months 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 08-02-2008 (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