WPMS/2557/2021
2021 Latest Caselaw 4912 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
      ON THE 3RD DAY OF DECEMBER, 2021
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 2557 of 2021

BETWEEN:

Ajay Kumar @ Ajay Bhadula.                   ..........Petitioner
      (By Mr. Dushyant Mainali, Advocate)

AND:
State of Uttarakhand & others.              ....Respondents
      (By Mr. J.S. Bisht, Standing Counsel for the State of
      Uttarakhand/respondent nos. 1 to 4 and Mr. Ashish Joshi,
      Advocate for respondent no. 5)


                       JUDGMENT

Petitioner took a loan of `10,00,000/- under Eco Tourism Scheme of the State Government, from Canara Bank, Rikhnikhal Branch, District Pauri Garhwal.

2. According to the petitioner, he had established a camping site for tourists, known as 'Ramganga River Camp' at Village Jamoor, District Pauri Garhwal, however, the Forest Authorities dugged out the road, leading to camping site of the petitioner, therefore, his business could not take off. It is further the contention of the petitioner that even then petitioner has re-paid about `8,00,000/- to the bank from his own sources. Petitioner is aggrieved by a recovery

citation issued by Tehsildar, Ramnagar for recovery of `2,03,886/-+ other charges.

3. Learned counsel appearing for the petitioner submits that petitioner is ready and willing to re-pay the loan, but, due to cash crunch, he is not in a position to deposit the outstanding amount in one go. He, therefore, submits that petitioner be given a reasonable time for repayment of the loan.

4. Mr. Ashish Joshi, learned counsel appearing for respondent no. 5-bank submits that having regard to the facts of the case, he has no objection, if petitioner is given a reasonable time for repayment of the loan.

5. Accordingly, the writ petition is disposed of with the following directions:

(i) Petitioner shall deposit a sum of ` 25,000/- with the respondent no. 5-bank, within two weeks.

(ii) The respondent-bank shall accept the remaining amount in three quarterly installments, amount whereof shall be intimated to the petitioner, within two weeks.

(iii) Last installment shall carry the accumulated interest.

(iv) Petitioner shall not be liable to pay recovery charges, if he deposits entire

outstanding amount, directly with the respondent-bank

(v) In case of default, in abiding any of the aforesaid conditions, petitioner shall not be entitled to protection of this order and respondent-bank shall be at liberty to proceed against him, in accordance with law.

(MANOJ KUMAR TIWARI, J.) Navin