JUDGEMENT
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(1.) This writ petition is directed against the recovery proceedings initiated at the instance of Branch Manager, Punjab National Bank, Robertsganj Branch, Mirzapur. While entertaining this writ petition of 6th of September, 1988 this Court passed the following order:
"List for admission in the week commencing 21st November, 1988.
Petitioner is permitted to deposit a sum of Rs. forty thousand on or before 25th October, 1988 with Branch Manager, Punjab National Bank, Robertsganj, Mirzapur, which shall accept the same. Petitioner shall be produce receipt of deposit on the date when the petition is listed for admission to enable this Court to fix further instalments and continue the interim order. In case the amount is not deposited within the time allowed stay order shall automatically stand discharged. Recovery proceedings against petitioner shall remain stayed till further orders of Court."
A counter affidavit on behalf of bank-respondent has been filed.
Learned counsel for the petitioners produced before us a receipt showing the payment of Rs. 40,000/- as directed by the order passed by this Court. Learned counsel for the petitioner at the very out-set stated that the petitioners are desirous and willing to make the payment of the balance of the arrears due against them and this Court may grant indulgence to make the payment in two equal instalments.
Considering the facts of the case we think that it would be in the interest of justice of grant this request. Accordingly we direct that the recovery proceedings initiated against the petitioner shall remain stayed provided the petitioners pay the balance of the arrears due against them plus up to date interest and fifty percent of the collection charges, in two equal instalments. The first instalment shall be paid on or before 30th of March, 1990 and second instalment shall be paid by 30th June. In the event of default of any of the conditions aforesaid this order staying the recovery proceedings against the petitioners shall, be automatically stand discharged and it shall be open to the respondents to proceed with the recovery proceedings against the petitioners in accordance with law.
Subject to the above directions this writ petition shall stand finally disposed of.
Let a certified copy of this order be given to learned counsel for the petitioner on payment of usual charges within three days.;
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