IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1213 of 2010 (M/S) Subhash Kumar ………..Petitioner Versus Collector Almora & others …….Respondents Shri B.N. Molakhi, learned counsel for the petitioner. Shri N.P. Shah, learned Standing Counsel for the State/respondent nos.1 & 2. Shri A.Joshi, learned counsel for the respondent no.3. Dated: 15th July, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present petition has been filed by the petitioner for quashing the recovery citation dated 03.05.2010 issued by the respondent no.2 by which the petitioner was directed to appear before him and to deposit a sum of Rs.2,99,769/- + Rs.90,931/- and recovery charges. Further prayer has been made for a direction to respondent no.3 to recover the correct due amount adjusting the deposits already made by the petitioner waiving the recovery charges and heavy interest rate. Brief facts of the case, as narrated in the writ petition, are that the petitioner took a loan and as per the condition of the scheme the petitioner deposited a sum of Rs.80,000/- as margin money and thereafter the respondent no.3 issued draft of Rs.4,00,000/- meaning thereby the loan of Rs.3,20,000/- was sanctioned in the month of March 2007 by the State Bank of India, Ranikhet Branch, as per the condition of the loan and the petitioner was required to deposit 2 Rs.7,500/- per month and the first installment was to be paid after one month of the sanctioning of the loan. Learned counsel for the petitioner submitted that the petitioner could not deposit the installment in time. Due to non deposit of installment in time, the respondent no.2 issued the recovery citation against the petitioner for the recovery of Rs.2,99,769/- + Rs.90,931/- (interest + recovery charges). He submitted that the petitioner has already deposited an amount of Rs.90,000/- in the month of May and June, 2010 and is not in a position to deposit the remaining amount at once. He prayed that he may be permitted to deposit the remaining amount in easy installments. He also submitted that petitioner will also deposit the interest alongwith the recovery charges. On the other hand, learned counsel for the respondent no.3 stated that respondent no.3 does not have any objection, in case, if the petitioner deposits the entire amount of loan alongwith interest and recovery charges in 6 installments. In view of submission made by the learned counsel for the parties, the recovery citation dated 03.05.2010 is quashed. The petitioner is directed to deposit the entire amount in six equal installments in the following manner: a. First installment shall be paid by the petitioner on or before 31.10.2010. b. Second installment shall be paid by the petitioner on or before 31.01.2011. c. Third installment shall be paid by the petitioner on or before 30.04.2011. d. Fourth installment shall be paid by the petitioner on or before 31.07.2011. e. Fifth installment shall be paid by the petitioner on or before 31.10.2011. f. Sixth installment shall be paid by the petitioner on or before 31.01.2012. In case of any default, this order shall stand vacated automatically. The writ petition is disposed of. Interim Relief application no.5679/2010 also stands disposed of. (V.K. Bist, J.) Arpan 15.07.2010