WPMS/415/2021
2021 Latest Caselaw 432 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 23RD DAY OF FEBRUARY, 2021
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       WRIT PETITION (M/S) No. 415 of 2021


 BETWEEN:

 Trilok Singh.                                  ....Petitioner
       (By Mr. Sachin, Advocate)


 AND:

 Uttarakhand Gramin Bank
 and others.                                  ...Respondents

       (By Mr. Mahendra Singh Rawat, Advocate for respondent
       nos. 1 & 2 and Mr. Tumul K. Nainwal, Brief Holder for the
       State of Uttarakhand)


                        JUDGMENT

Petitioner took two loans from Uttarakhand Gramin Bank in the year 2014, namely, Kisan Credit Card of ` 4,62,000/- and Agricultural Term Loan of ` 10,00,000/-. Since he defaulted in repayment of the loan, therefore recovery certificate was issued by the Bank against him.

2. In the present writ petition, petitioner has challenged the recovery citation dated 01.10.2020 issued by Tehsildar, Bazpur, whereby he has been called upon to pay ` 18,73,779/- + interest and other expenses.

3. Learned counsel for the petitioner submits that petitioner is ready and willing to repay the loan; but, some reasonable time be given to him for the purpose.

4. Mr. M.S. Rawat, learned counsel for the respondent-Bank fairly submits that he has no objection, if six months' time is given to petitioner for repayment of the amount of loan.

5. In view of the readiness shown by the petitioner to liquidate the loan, the writ petition is disposed of with the following directions:

(i) Petitioner shall approach the bank authorities by making representation within ten days from today.

(ii) If petitioner makes such representation within the stipulated period, then the respondent-Bank shall inform the petitioner, within four days from date of receipt of representation alongwith certified copy of this order, about the exact amount, which he is liable to repay.

(iii) Petitioner shall repay the outstanding amount in three installments, spread over a period of six months. Last installment shall carry interest.

(iv) In case of any default by the petitioner, he shall not be entitled to protection of this order and respondent/Bank will be free to proceed against him, in accordance with law.

(MANOJ KUMAR TIWARI, J.) Arpan