IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 355 of 2010. Desh Raj, S/O Shri Bag Ram, R/O Village Abdulla Nagar, Tehsil Gadarpur, District Udham Singh Nagar.. … Petitioner. Vs. 1. Nainital Almora Kshetriya Gramin Bank, Branch Sakenla Mor, Gadarpur, District Udham Singh Nagar, through its Branch Manager. 2. Collector/District Magistrate, Udham Singh Nagar. 3. Tehsildar, Tehsil Gadarpur, District Udham Singh Nagar. …Respondents. Mr. Pratiroop Pandey, Advocate, learned counsel for the petitioner. Mr. K.K.Shah, Advocate, learned counsel for the respondent no.1-Bank. Mr. K.P.Upadhyay, Addl. C.S.C., learned counsel for the respondent nos. 2 and 3. Date March 22, 2010. Hon’ble B.S.Verma, J. (Stay Application No. 1646 of 2010) Learned counsel for the respondent no.1-Bank files counter affidavit. The same is taken on record. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari, quashing the recovery citation dated 16- 11-2009 (Annexure-2 to the writ petition) issued by Tehsildar, Gadarpur-respondent no.3 against the petitioner. According to the petitioner, he took a personal loan of Rs. 3,51,000/- from the respondent no. 1 for purchasing a tractor. The loan amount was to be paid within a period of three years. Due to severe illness and financial crises, the petitioner could not repay the loan amount to the respondent no.1, which ultimately gave rise to the impugned recovery citation against the petitioer. During the course of arguments, learned counsel for the petitioner has urged that the petitioner is ready and willing to pay the entire outstanding amount under the recovery citation in easy quarterly 2 instalments. On the other hand, learned counsel for the respondent no.1-Bank, Mr. K.K.Shah, Advocate, has submitted that the respondent-Bank would have no objection if the entire outstanding amount against the petitioner along with recovery charges is deposited by the petitioner in not more than four equal quarterly instalments. In the above facts and circumstances, the petitioner is directed to pay the entire outstanding amount under the impugned recovery citation (Annexure-2 to the petition in four equal quarterly instalments before the Recovery Officer along with recovery charges. The first quarterly instalment shall be payable by the 1st week of June 2010 and the subsequent instalments shall fall due by the seventh day of the month after every three months thereafter. It is made clear that in case the petitioner fails to deposit any of the quarterly instalments, as directed above, the respondents would be at liberty to recover the entire outstanding amount along with recovery charges from the petitioner in lump-sum. Accordingly, the impugned recovery citation (Annexure-2) shall not be given effect to by the respondents. With the above direction, the writ petition is disposed of finally. All pending applications stand disposed of. (B.S.Verma,J.) RCP 3