- (1.) HEARD learned counsel for the petitioner and Sri P.K. Tripathi for the respondents.
(2.) IN this writ petition, the petitioner has challenged the fixation of instalments by the State Bank of India vide letter dated 04.11.2011. The earlier writ petition challenging the recovery proceedings was disposed of vide judgment and order dated 13.10.2011 with the following directions: The petitioner will clear off the entire outstanding dues along with interest, penal interest and expenses on pro -rata basis. 2. The entire outstanding dues shall be paid in four equal instalments. The first instalment shall be paid within a month from today and thereafter, the three remaining instalments shall be paid quarterly. 3. Initially the recovery proceeding is stayed for a month. On depositing the first instalment, impugned proceeding shall remain stayed up to the date of next instalment and the process shall continue until the last instalment has been paid. 4. If the petitioner deposits the entire amount as undertaken by him in the manner indicated above, the proceedings shall stand withdrawn. 5. If the petitioner fails to deposit the amount of any one instalment within the stipulated period, the bank shall be at liberty to proceed in accordance with law. 6. The cost and recovery charges, if any, shall be paid along with the last instalment. 7. This order shall be inoperative, in case third party rights have been created in the property. It is made clear that this order has been passed on the statement made by the learned counsel for the petitioner as well as learned counsel for the bank and we have not adjudicated the claim on merits. The writ petition is disposed of with the aforesaid direction and observation.
(3.) IN the said order, it was specifically mentioned that cost and recovery charges, if any, be paid along with the last instalment. However, from the letter dated 04.11.2011, it appears that the bank has added the legal charges and other expenses amounting to Rs. 84,550/ - in the total amount payable by the petitioner and bifurcated the same to be payable in four equal instalments. It was not the direction given by this Court. We, therefore, dispose of this writ petition with a direction to the petitioner to deposit a sum of Rs. 2.50 lakhs by 12.02.2012 and another installment of Rs. 2.50 lakhs by 12.04.2012. The 3rd instalment of Rs. 2.50 lakhs shall be paid by the petitioner on or before 12.07.2012 and the last instalment, which shall cover the balance outstanding dues and interest till date shall be paid by 12.10.2012.;