Uttarakhand High Court
WPMS/2661/2021 on 14 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 14TH DAY OF DECEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 2661 of 2021
BETWEEN:
Vinesh Kumar Saini ... Petitioner
(By Mr. Matloob Rawat, Advocate)
AND:
District Magistrate, Haridwar
& others ... Respondents
(By Mr. G.S. Negi, Additional C.S.C. for the State of
Uttarakhand and Mr. Pulak Agarwal, Advocate appearing
for respondent no. 2)
JUDGMENT
1. Petitioner took two housing loans from
Punjab National Bank, Housing Loan Branch,
Jwalapur, District Haridwar. According to him, due to
serious illness and also due to lockdown imposed in
view of the COVID-19 pandemic, he could not repay
the loan in time, therefore, respondent Bank has
initiated proceedings for recovery of the outstanding
amount from the petitioner.
2. It is the contention of learned counsel for
the petitioner that respondent Bank had insured the
loan amount with ICICI Lombard General Insurance
Company, however, the Insurance Company has
repudiated petitioner's claim for reimbursement of
the amount spent on petitioner's treatment on the
ground that ailment, suffered by the petitioner, is not
covered by the policy.
3. By means of this writ petition, petitioner
has sought following relief:-
(i) Issue a writ, order or direction in the
nature of certiorari quashing the impugned
possession notice dated 22.09.2021 issued
by the respondent no. 3 (contained as
Annexure no. 1 to this writ petition)
(ii) Issue a writ order or direction in the nature
of mandamus commanding and directing
the respondent no. 3 to recover the loan
amount of Rs. 79,76,887.72 in easy
instalments fixed by this Hon'ble Court, so
that the entire borrowed amount may be
repaid to the respondent no. 3 bank.
(iii) Issue a writ or direction in the nature of
mandamus directing the respondents not to
take any coercive measures against the
petitioner pursuant to impugned possession
notice dated 22.09.2021.
4. The dispute between the petitioner and the
Insurance Company cannot be gone into by this Court
in the proceedings under Article 226 of the
Constitution.
5. Learned counsel for the petitioner then
submits that petitioner may be given some time for
repayment of loan.
6. Having regard to the facts and
circumstances of the case, the writ petition is
disposed of with liberty to the petitioner to make
representation to the respondent Bank within one
week from today. If such a representation is made
within time, Competent Authority in the Bank shall
consider the same and take appropriate decision, in
accordance with law, within three weeks from the
date of production of such representation along with
certified copy of this order. Till decision on
petitioner's representation, status quo qua secured
asset shall be maintained.
7. Let certified copy of this order be supplied
to the petitioner within 24 hours.
(MANOJ KUMAR TIWARI, J.)
Aswal
