WPMS/2719/2021
2021 Latest Caselaw 5202 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
      ON THE 16TH DAY OF DECEMBER, 2021
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 2719 of 2021


BETWEEN:
Imran Khan.                                                ...Petitioner
      (By Mr. Deep Prakash Bhatt, Advocate)

AND:

Punjab and Sind Bank & another.                      ...Respondents
      (There is no representation for the respondents)


                           JUDGMENT

According to the petitioner, in the year 2014, he took a loan of `15,00,000/- from Punjab & Sind Bank, Branch Khatima, District Udham Singh Nagar.

2. Since petitioner has defaulted in repayment of the loan, therefore, bank has initiated proceedings for recovery of the amount. Thus, feeling aggrieved, petitioner has approached this Court seeking direction to respondent-bank to accept the remaining amount, in six quarterly instalments.

3. Learned counsel appearing for the petitioner submits that due to Pandemic caused by COVID-19 and subsequent lockdown imposed by the Government, petitioner's business was badly hit, as a result, some default was committed in timely repayment of the loan. He assures the

Court that if given opportunity to repay the loan in instalment, petitioner would liquidate the money as early as possible.

4. The relief as sought by the petitioner cannot be granted by this Court, however, this Court thinks that ends of justice would be met if petitioner is permitted to approach the Competent Authority in the bank, by making a representation, who may consider petitioner's request, as made in the representation.

5. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to the Competent Authority in the bank. If petitioner makes such representation within two weeks from today and also deposits a sum of ` 2,00,000/- with his representation, then the Competent Authority shall consider petitioner's request and pass appropriate order, in accordance with law, within three weeks thereafter.

6. For a period of five weeks or till decision on petitioner's representation, whichever is earlier, no coercive action shall be taken against the petitioner.

(MANOJ KUMAR TIWARI, J.) Navin