WPMS/881/2021
2021 Latest Caselaw 1463 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
                ON THE 9TH DAY OF April, 2021

                                BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


              Writ Petition (M/S) No.881 of 2021

BETWEEN:
  Virendra Kumar                                          .....Petitioner
     (Mr. M.S. Pal, Senior Advocate assisted by Mr. Sachin, Advocate)




AND:

     State of Uttarakhand & others                   .....Respondents
     (Mr. Devesh Ghildiyal, Brief Holder for the State/respondent no.1
     Mr. Siddhartha Sah, Advocate for respondent nos.2, 3 and 4)



                              JUDGMENT

Heard learned counsel for the parties.

2. Petitioner took a housing loan from Canara Bank, Branch Kankhal, District Haridwar. Since the petitioner defaulted in repayment of the loan, therefore, proceedings for recovery of the outstanding amount have been initiated against him. Thus, feeling aggrieved, petitioner has approached this Court.

3. Shri M.S. Pal, learned Senior Counsel appearing for the petitioner submits that petitioner is ready and willing to liquidate the loan amount and, for this purpose, he has already made an application to the bank for one time settlement. Shri Siddhartha

Sah, learned counsel appearing for the Bank, however, disputes this submission and submits that as per his instructions, no such application has been made by the petitioner.

4. Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to the petitioner to submit a proposal for one time settlement to the Competent Authority in the Bank within 72 hours. If such proposal is made by the petitioner within the stipulated time, decision thereupon will be taken within one week thereafter.

5. Let a certified copy of this order be issued to the parties today itself, on payment of usual charges.

(MANOJ KUMAR TIWARI, J.) Rajni