) \ 55# o/o 14.05.2010 Present:- Mr. Anil Sharma, Avocate for petitioner. Mr. Gaurav Barthi and Mr. Shekhar Gupta, Advocate for R-l. !-' C.M. No. 66aal2o10 i .J X( Allowed, subject to all just exceptions. C.M. No. 6643/2OLO & W.P. (C ) No.33L2/2OLO * By this petition filed under Article 226 of the Constitution of India, the petitioner seeks quashing of the recovery certificate issued by the respondent No.L to recover an amount o-f Rs.7,80,515/-. Mr. Anil Sharma, counsel for the petitioner submits that subsequent to the issuance of the recovery certificate the respondent No.L has.already taken steps to attach the salary account/pension account of the guarantor. Counsel further submits that the petitioner had also surrendered the tempo traveler on 20.2.2006. The petitioner is not aware as to how much amount for the said "v -l Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified I vehicle the respondent No.1 has given for the a{ustment. Counsel further submits that the petitioner is prepared to liquidate his liability but he is not in a position to pay the entire amount in lump sum. Counsel thus prays that direction be given to the respondent to at least allow the petitioner to pay the outstanding amount in reasonable installments. Mr. Gaurav Barthi, advocate enters appearance on advance notice. .He submits that the said vehicle of the petitioner was impounded in the year 2006. He further submits that the petitioner had paid the installments only up to 25.06.2002 ae per the details placed on record by the petitioner on page 32 .of the petition. Counsel further submits that the petitioner has not impleaded the guarantors in the present case but he is seeking relief even on behalf of the guarantor also. I have heard counsel for the parties. It is not in dispute that the vehicle of the petitioner i.e. tempo traveler was auctioned by the respondent No.L and from the said account the respondent .D,, t a I No. L must have realized some amount. As per the petitioner he is not aware as to how much amount was adjusted by the respondent No.1 from the outstanding amount. The petitioner is also not- aware as to how much amount the respondent No.1 has adjusted from salary/pension account of the guarantor. Taking into consideration these facts let thg petitioner approach the respondent No.1 on 21'.05.2010 at 3.00 p.m. and the respondent No.1 will make all these details available to the petitioner and shall also consider the request of the petitioner to pay the remaining amount in reasonable install.ments. With these directions, the petition is disposed of. Order Dasti. trIay 14,zOtO pkv KAILASH GAMBHIR, J. J \, t