IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 816 of 2007. Date of decision: 3.11.2009 ________________________________________________________ Ichhi Co-operative marketing and Consumer Society. …. Petitioner Versus State of H.P. & Ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice V.K.Ahuja, J. Whether approved for reporting ? No For the petitioner: Mr.Anuj Nag, Advocate For the respondents: Mr.R.K.Bawa, Advocate General with Mr.Rajesh Mandhotra, Deputy Advocate General, for the respondents No.1 to 3. Mr.Lovneesh Kanwar, Advocate with Mr.Harmit Singh, Advocate for respondent No.4. _____________________________________________________ Deepak Gupta, J.(Oral) Sh.Anuj Nag, Advocate states that no rejoinder is required to be filed. The prayer made in this writ petition is that respondents No.1 to 3 be directed to recover a sum of 2 Rs.6,39,769.33 paise alongwith interest @ 9% from respondent No.4 in terms of the consent order passed on 16th March, 2006 in CWP No.1742 of 2002, the relevant portion of which reads as follows:- “In view of this submission made by the learned counsel for the petitioner, it is ordered that the petitioner shall pay Rs.4 lacs by way of three installments, first installment of Rs.1,50,000/- to be deposited on or before 16.5.2006, the second installment of Rs.1,50,000/- would be deposited on or before 16.7.2006 and the last installment of Rs.1,00,000/- shall be deposited on or before 16.9.2006. In case the petitioner makes default in payment of either or any of the installment(s), then the entire amount, i.e., Rs.5,71,223.33 paise, with interest with effect from 1.4.2005 @ 9% per annum till realization would become recoverable and the respondent Society then shall be at liberty to proceed against the respondent for recovery of the said amount. The writ petition stands disposed of.” Sh.Lovneesh Kanwar, Advocate appearing on behalf of respondent No.4 states that in fact respondent No.3-Society has started recovering the said amount from his client but in installments of Rs.6645/- per month. The main grievance of the petitioner was that the respondent No.3 is conniving with respondent No.4 and, therefore, not making recovery. Since the recovery has been started from June, 2009, we dispose of this writ petition with a 3 direction that the recovery shall continue till the full amount is recovered in terms of the order dated 16th March, 2006. The writ petition is disposed of in the aforesaid terms. No order as to costs. ( Deepak Gupta ) Judge November 3, 2009 (V.K.Ahuja) (m) Judge