WPMS/2546/2021
2021 Latest Caselaw 4898 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 2ND DAY OF DECEMBER, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 2546 of 2021

BETWEEN:

Fateh Singh.                                   ..........Petitioner
      (By Mr. Sanjeev Singh, Advocate)


AND:
State of Uttarakhand & others.                ......Respondents
      (By Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand
      and Mr. Chandramauli Shah, Advocate for respondent no.3)


                         JUDGMENT

Petitioner is a borrower, who defaulted in re-payment of the loan, therefore, the respondent- Bank has proceeded to recover the amount by adopting coercive measures.

2. In this writ petition, petitioner has challenged the recovery citation issued by Tehsildar, Roorkee for recovery of `1,41,727/- and `3,80,055/- respectively.

3. Learned counsel for the petitioner submits that petitioner is a poor farmer who, due to ill health and other difficulties, could not re-pay the loan. He further submits that petitioner wants to re-pay the loan and all he wants is some reasonable time for arranging necessary funds.

4. Learned counsel for the respondent-Bank submits that if petitioner approaches the Competent Authority in the Bank with an offer and also deposits some amount to show his bonafide, then the Competent Authority shall consider the same and take appropriate decision thereupon.

5. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to Competent Authority in the respondent-Bank. If petitioner makes such representation within ten days from today alongwith upfront deposit of ` 25,000/-, then the Competent Authority in the Bank shall look into the proposal of the petitioner and take appropriate decision, in accordance with law, within two weeks from the date of receipt of representation alongwith certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan