IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 233 of 2009 (M/S) Kanhee Singh …Petitioner Versus State of Uttarakhand & others … Respondents Mr. Tumul K. Nailwal, Advocate for the petitioner. Mr. K.P. Upadhyay, Additional Chief Standing Counsel for the State of Uttarakhand/respondent nos.1 to 3. Mr. L.K. Tiwari, Advocate for respondent no.4. Hon’ble V.K. Bist, J. Heard learned counsel for the parties. With the consent of learned counsel for the parties, the writ petition is being disposed of at admission stage. Present writ petition has been filed by the petitioner for quashing the impugned Recovery Notice dated 02.12.2008 and Auction Notice dated 24.02.2009 passed by respondent no.3 and also for direction to respondent no.4 to fix suitable installment so that entire amount be repaid. Facts of the case are that petitioner borrowed the sum of Rs.4,30,000/- in the year 2007 for purchasing tractor from Punjab National Bank, Khatima, District Udham Singh Nagar as agricultural amount for purchasing tractor. 2 Due to loss in agriculture he could not deposit the installment in time and could deposit only Rs.69,500/- in two installments. Due to non payment of loan, the respondent no.4-Bank initiated proceeding for recovery of loan amount and recovery notice dated 02.12.2008 as well as auction notice 24.02.2009 was issued against the petitioner. Learned counsel for the petitioner submitted that default of non payment of loan was due to loss in agriculture and bad financial condition but now the petitioner is ready to pay entire amount with interest in easy installments. Learned counsel for the petitioner also prayed that his tractor be released so that agricultural work may not suffer and fresh installments fixed by the bank be paid in time. After hearing learned counsel for the parties, it is provided that in case petitioner deposits Rs.50,000/- within 15 days from today, his tractor shall be released. After deposit of Rs.50,000/- the respondent no.4-Bank will fix six equal monthly installments. These installments will also include the interest. Respondent no.4-Bank will inform the petitioner about these monthly installments within one month from today. Thereafter, the petitioner will deposit monthly installments starting from 20th October, 2009 and entire amount shall be deposited on or before 20th March, 2010. In the event of default this order will automatically stand vacated. With these directions, the writ petition is disposed of. 3 (V.K.Bist. J,) 20.08.2009 Arti