Court allowed petitioner to pay bank dues via quarterly installments. Respondents restrained from taking action until default.
Petitioner to pay Rs. 1,20,086/- in quarterly installments; respondents restrained from taking action until default.
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WPMS No. 423 of 2013 Hon’ble Kalyan Jyoti Sengupta, J.
Mr. Tumul K. Nailwal, Advocate for the petitioner.
Mr. H.M. Bhatia, Brief Holder for the State.
Mr. B.S. Thind, Advocate on behalf of Mr. S.K. Jain, Senior Advocate for respondent No. 2.
Having heard the learned counsel for the parties and considering the hardship of the petitioner as stated in the writ petition, I think the petitioner should be allowed to pay off bank dues in suitable installment which will not prejudice either of the parties.
Accordingly, the petitioner shall pay a sum of Rs. 1,20,086/- inclusive recovery charges by five equal quarterly installments except last one. Such first quarterly installment shall be paid on or before 15th April, 2013 and thereafter the petitioner shall go on paying installment in each succeeding quarters. The respondents are restrained from taking any action and further action against the petitioner till 15th
April, 2013. In default of paying this installment, interim order will stand vacated. If initial payment is made, interim order will continue till default in paying any one succeeding installment. In that case, it would be open to the respondents to take action in accordance with law on the reducing balance. If any payment has been made, the respondents shall adjust the same, and after adjustment the balance payment shall be made.
The writ petition is disposed of.
(K.J. Sengupta, J.)
Dated 08.03.2013 Shiv
1 issue framed by the court
Whether to allow petitioner to pay bank dues in installments without prejudicing parties.
Petitioner
Respondents
Kalyan Jyoti Sengupta
As recorded by the court registry
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