RAJESH KUMAR Vs. DISTT MAGISTRATE

JUDGEMENT

(1.) B. K. Singh, J. The petitioner by this writ petition has challenged the recovery proceedings and has prayed for release of the tractor, that has been at tached by the recovery authorities. The recovery proceedings have been started in respect of loan that had been advanced to the petitioner by Union Bank of India for purchase of a tractor.

(2.) 1 have heard the learned Counsel for the petitioner though he has assailed the recovery proceedings on a few ground, finally he has offered to pay the outstand ing amount. According to the petitioner the recovery certificate of the Bank dis closes that a sum of Rs. 1,18,438 due from the petitioner. So the recovery proceed ings were initiated for this amount. Out of this amount, a sum of Rs. 7,700 has been deposited by the petitioner. The rest ad mittedly has to be paid by the petitioner. The petitioner ready and willing to pay the said amount if the same is ordered to be paid in instalments in the Bank.

(3.) IN view of the above directions, it is further ordered that the opposite parties No. 1 and 2 shall not enforce any coercive process for recovery of the loan against the petitioner till such time as the petitioner keeps paying the amount of loan as indi cated above and the tractor already been attached shall be released forthwith. Order accordingly. .