WPMS/458/2021
2021 Latest Caselaw 509 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 25TH DAY OF FEBRUARY, 2021
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       WRIT PETITION (M/S) No. 458 of 2021


 BETWEEN:

 Mayank Anand and another.                        ....Petitioners
       (By Mrs. Neelima Mishra Joshi, Advocate)


 AND:

 State of Uttarakhand and another.           ...Respondents

       (By Mr. Vinod Nautiyal, Deputy Advocate General for the
       State of Uttarakhand and Mr. Ajay Singh Bisht, Advocate
       for respondent no. 2)


                        JUDGMENT

Father of petitioner no. 1 took a loan for establishing a Rice Mill. Due to financial constraint, the loan could not be repaid in time, therefore, the Bank has initiated recovery proceedings. In the meantime, father of petitioner no. 1 passed away. By means of this writ petition, petitioner has challenged the recovery proceedings.

2. Learned counsel for the petitioners submits that since father of petitioner no. 1 is no more and petitioner no. 1 is a young boy of 20 years, therefore, he needs sometime for arranging funds so that the loan be repaid. She, therefore, confines her prayer and submits that petitioners may be permitted to make representation, seeking reasonable time for repayment

of the loan, and the Competent Authority in the Bank be directed to take decision thereupon at the earliest.

3. Having regard to the eagerness shown by the petitioners to repay the loan, the writ petition is disposed of with liberty to petitioners to make representation to Competent Authority in the Bank, within one week from today. If such representation is made within stipulated period, the Competent Authority in the Bank shall consider petitioners' request and take appropriate decision, in accordance with law, within a period of two weeks' from the date of receipt of representation alongwith certified copy of this order.

4. Till decision is taken on petitioners' representation, status quo, as of today, shall be maintained.

5. Let a certified copy of this order be issued today itself.

(MANOJ KUMAR TIWARI, J.) Arpan