IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 467 of 2009 (M/S) M/s Balaji Emporium ……….. Petitioner Versus State of Uttarakhand and others ………. Respondents Mr. Yogesh Pande, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for State of Uttarakhand/respondent no.1 and 2. 31st March, 2009 Hon’ble Sudhansu Dhulia, J. The petitioner has admittedly taken a loan form Pithoragarh Zila Sahkari Bank, Branch Tanakpur, District Champawat (hereinafter referred to as “the Bank”). At present the liability of the petitioner is to the tune of Rs. 1,61, 085/- (One Lac Sixty One Thousand and Eighty Five). 2. Since the Bank requested the Revenue Authorities, the Authorities concerned proceeded under the U.P. Public Money (Recovery of Dues) Act, 1972 and the Tehsildar, Purnagiri Tanakupur, Distinct Champawat/ respondent no. 2 issued a Recovery Citation dated 06.12.2008 to the petitioner. 3. The counsel for the petitioner Sri Yogesh Pandey and Sri Anil K. Bisht, learned counsel for the Bank and Mr. K.P. Upadhayay, learned Addl. Chief Standing Counsel all are present before this Court. 4. A consensus has reached between the petitioner and the Bank regarding the payment of the amount and for these reasons on the basis of consensus reached between the parties, the following orders are being passed: “The petitioner shall deposit the entire laon amount with the Bank in eight monthly instalments. The first instalment of Rs. 21,085/- shall be paid by the petitioner to the Bank on or before 6th April, 2009. The remaining seven instalments shall be paid by the petitioner to the Bank each being instalment of Rs. 20,000/- on or before 6th of every subsequent month. The entire loan shall be repaid by the petitioner by the month of November, 2009. It is made clear that in case the petitioner defaults in one single instalment, the Bank would be free to recover the entire amount due against the petitioner by instating recovery proceedings.” 5. With the aforesaid observations, writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 31.3.2009 Rathour (V.K. Gupta, C.J.) 31.03.2009 G