IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1557 (MS) of 2009 Satish Kumar …Petitioner Versus State of Uttarakhand and others …Respondents Mr. Suresh Chandra Bhatt, Advocate for the petitioner. Mr. K.P. Upadhyay, learned Addl. Chief Standing Counsel for the State of Uttarakhand/respondent no. 1 & 2. Mr. K.K. Shah, Advocate for respondent no. 3/Bank. Dated: 17.09.2009 Hon’ble V. K. Bist, J. Counter affidavit on behalf of respondent no. 3 has been filed, which is taken on record. Heard learned counsel for the parties. Present writ petition has been filed by the petitioner for quashing the operation of recovery citation dated 21.08.2009 issued by the respondent no. 2/Tehsildar, Tehsil Khatima, Udham Singh Nagar. Brief facts of the case are that the petitioner took loan of Rs. 3,00,000/- only (Rs. Three lacs) from Allahabad Bank through Khadi Gramya Udyog for business purpose and the petitioner deposited the loan of Rs. 2,61,000/- from 2001 to 2009 but due to bus accident the petitioner could not deposit the rest of amount of the loan properly. Due to non-payment of loan, the respondent no. 3/Bank issued recovery citation on 21.08.2009 for recovering loan amount along with interest against the petitioner. Learned counsel for the petitioner submitted that after filing of the writ petition, the petitioner has deposited Rs. 2,61,000/- only (Rs. Two lac sixty one 2 thousand) and he is ready to make payment of remaining amount in easy installments. Learned counsel for the respondent no. 3/Bank argued that the petitioner made default in making payment of installments and recovery citation was rightly issued against him. During the course of the argument, learned counsel for the petitioner submitted that financial condition of the petitioner is not good and due to bus accident his left leg was fractured and he is not in a position to deposit entire amount of loan. He prayed that the petitioner be granted permission to deposit entire amount of loan in six installments. In view of the poor financial condition of the petitioner and in view of the fact that the petitioner is ready to make payment of loan alongwith interest, the petitioner is permitted to deposit entire amount of loan along with interest in six equal installments. First installment shall be deposited on or before 20th October 2009 and the last installment shall be deposited on or before 20th 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. Last installment shall include the recovery charges, if any. With these directions, the writ petition is finally disposed of. No order as to costs. (V.K. Bist, J.) VKG 17.09.2009