IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 104 of 2011. Daljeet Singh S/O Pyara Singh … Petitioner. Vs. State of Uttarakhand and two others. …Respondents. Mr. Narendra Bali, Advocate in brief of Mr. Pratiroop Pandey, Advocate, learned counsel for the petitioner. Mr. P.C.Bisht, Brief Holder, learned counsel for the respondent no.1&2. Mr. Neeraj Garg, Advocate, learned counsel for the respondent no. 3-Union Bank. Date January 14, 2011. Hon’ble B.S.Verma, J. (Stay Application & Urgency Application) 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 impugned recovery certificate dated 19-7-2010 issued by respondent no.2 (Annexure No. 1 to the writ petition). According to the petitioner, the petitioner’s company is engaged in the business of manufacturing, producing, processing etc. of variety of seeds. The company had an industrial loan account with credit limit of Rs. 5 lacks. It is alleged that company suffered heavy losses during the years 2008-2010 and the company had exceeded the credit limit and had withdrawn Rs. 30 Lakhs from the respondent Bank. When the petitioner could not repay the loan amount, the recovery citation (Annexure-1) was issued to the petitioner, which gave rise to the present petition. In 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 along with recovery charges in easy instalments. On the other hand, learned counsel for the respondent Bank- Mr. Neeraj Garg Advocate has submitted that the respondent no.3-Bank would have no objection if the entire outstanding amount under the recovery citation is paid by 2 the petitioner in not more than six equal quarterly instalments and the first instalment being paid by 15th day of March, 2011. In the above and circumstances of the case, it would be in the fitness of things to direct the petitioner to repay the entire outstanding amount under the impugned recovery citation (Annexure No. 1 to the petition) along with recovery charges before the recovery officer-Tehsildar Kichha (respondent no.2) in six equal quarterly instalments. The first quarterly instalment shall be payable by 15th day of March 2011. Accordingly, the petitioner is directed to pay the entire outstanding amount under the recovery citation (Annexure-1 to the petition) in six equal quarterly instalments before the recovery officer- respondent no.2-Tehsildar Kichha (Udham Singh Nagar) along with recovery charges etc. The first quarterly instalment shall be payable by 15th day of March 2011 and the subsequent instalments shall fall due by the 15th day of the month after every three months thereafter. It is made clear that in case the petitioner commits a default in payment of any of the instalments, as directed above, the respondents would be at liberty to recover the entire outstanding amount from the petitioner in lump-sum. Accordingly, the impugned recovery citation issued by the respondent no.2 (Annexure-1 to the petition) 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 Vacation Judge