HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1699 of 2009 (M/S) Wasim Khan. … Petitioner. Versus State of Uttarakhand and two others. … Respondents Mr. H.S. Dhillon, Advocate for the petitioner, Mr. K.P. Uppadhyay, Addl. C.S.C. for the State/respondent nos. 1 & 2, Mr. Arvind Vashishtha, Advocate for the respondent no.3-Bank. Dated: October 13,2009: Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present petition has been filed by the petitioner challenging the Recovery Citation dated 10.09.2009 issued by respondent no.2/Tehsildar, Tehsil-Nainital (contained as annexure no. 1 to the writ petition). According to the petitioner he took personal loan amounting to Rs. 55,000/- (Rs. Fifty five thousands only) on 20.11.2008 from respondent no.3-Bank for the term of three years. The amount of loan was to be deposited in monthly installments. The petitioner has already deposited a sum of Rs. 18,250/- in the Bank. It is stated that the petitioner is plying a taxi and nowadays his work is suffering due to off season of tourists, therefore, he is not getting sufficient earning to repay the entire amount in lump sum. It is stated that due to great financial hardship the loan amount could not be deposited. It is further stated that the petitioner is the only bread earner in the family. In the meanwhile without issuing any notice, the Recovery Citation has been issued against the petitioner on 10.09.2009. 2 Mr. H.S. Dhillon, Advocate appearing for the petitioner stated that the petitioner is ready to deposit the outstanding balance amount of loan in monthly installments fixed by this Court until and unless the entire amount of loan is deposited. Mr. Arvind Vashishtha, Advocate appearing for the respondent-Bank argued that since the petitioner does not deposit the loan amount in time, therefore the Recovery Citation was rightly issued against him. Having heard learned counsel for the parties and after perusing the record, the petitioner is permitted to deposit the balance amount of loan in six equal monthly installments with the respondent-Bank until and unless the entire amount of loan alongwith interest is repaid. The first installment shall be deposited by 31st October, 2009 and the last installment shall be deposited by 31st March, 2010. In case, the petitioner complies with the directions, no coercive measure shall be taken against him. Any failure on the part of the petitioner shall amount to automatic vacation of the order. The last installment shall include the recovery charges. With these directions, the writ petition is finally disposed of. No order as to costs. (V.K. Bist, J.) 13.10.2009 NCM: