KAMAL KISHORE Vs. BANK OF INDIA AND OTHERS

JUDGEMENT

(1.) By means of this writ petition the petitioner challenges the citation dated 5-2-1993 for recovery of a sum of Rs. 22,111/- plus interest and other expenses. We have heard the learned counsel for the parties. They agree that the petition may be finally disposed of. Accordingly the writ petition is being finally disposed of.

(2.) It has been Indicated in the writ petition that the petitioner in the month of Nov., 1992 had become aware of the recovery proceedings, filed a suit for injunction being Civil Suit No. 307 of 1992 in the court.of the Civil Judge, Sitapur. The application for temporary injunction was rejected and the petitioner filed Misc. Appeal and the appellate court upheld the order passed by the Civil Judge. The petitioner further has stated that after rejection of the Misc. appeal, he also filed a writ petition in this court but the same was dismissed on the ground that the pleas can be settled while deciding the suit. It is stated that after dismissal of the writ petition a citation to pay the arrears in respect of loan amount by 15-2-1993 was Issued. In the circumstances we arc not inclined to interfere but keeping in view the position that since the petitioner is ready to pay off the loans. We direct that if the petitioner pays a sum of fifty percent of the amount for which the recovery certificate has been issued within a period of two months from today, and pays the balance amount within or before the expiry of the next two months thereafter, no coercive steps will be taken by the opposite parties against the petitioner for recovery of the loan amount. It is further provided that if there is default in payment of any of the two instalments, the whole amount would become recoverable in one instalment. With those observations the writ petition is finally disposed of.

(3.) A copy of this order may be provided to the petitioner within two days on payment of requisite charges. Decided accordingly.