IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1490 of 2010. Raju Khan S/O Shri Manzoor Khan … Petitioner. Vs. State Bank of India and another …Respondents. Mr. S.K.Posti, Advocate, learned counsel for the petitioner. Mr. D.S.Patni, Advocate, learned counsel for the respondent no.1. Mr. N.P.Sah, learned Standing Counsel for the respondent no.2. Date August 28, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned recovery citation dated 10-8-2010 (Annexure-4 to the writ petition). Prayer for writ of mandamus directing the respondent-Bank to accept the instalment of loan from the petitioner has also been made. According to the petitioner, a loan of Rs. 1 lac was sanctioned to the petition as a term loan for a period of five years by Khadi Evam Gramodhyog Board, Champawat for establishing an electronic shop. The petitioner established an electronic shop and started depositing the instalment of loan. The loan amount was to be repaid by 2012. The State Bank of India issue a notice to the petitioner mentioning therein that the petitioner had defaulted in payment of instalment and the petitioner was required to deposit the outstanding amount of Rs. 1,44,772/- along with other expenses within one month from the date of receipt of notice dated 15-2-2010. Ultimately, the impugned recovery citation was issued against the petitioner. During the course of arguments, learned counsel for the petitioner has submitted that the petitioner is ready and willing to pay the entire outstanding amount under the impugned recovery citation along with recovery charges in easy quarterly instalments. On the 2 other hand, learned counsel appearing on behalf of the respondent no. 1 has submitted that the respondent no. 1-Bank would have no objection if the entire outstanding amount under the recovery citation is deposited by the petitioner before the recovery officer in not more than five equal quarterly instalments. In the above facts and circumstances, the petitioner is directed to pay the entire outstanding amount under the recovery citation (Annexure-4 to the petition) in five equal quarterly instalments before the recovery officer-respondent no.2-Tehsildar Purnagiri- Tanakpur, district Champawat along with recovery charges. The first quarterly instalment shall be payable by the 15th day of October 2010 and the subsequent instalments shall fall due by the 15th day of the month after every three months thereafter. It is made clear that in case the petitioner commits default in payment of any of the instalments, as directed above, the respondents would be at liberty to recover the entire outstanding amount from the petitioner in lump-sum. Accordingly, the impugned recovery citation dated 10-8-2010 issued by the respondent no.2 (Annexure-4 to the petition) shall not be given effect to by the respondents. With the above direction, the writ petition is disposed of finally. All pending applications stand disposed of. (B.S.Verma,J.) RCP