WPMS/305/2021
2021 Latest Caselaw 2332 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
                  ON THE 9th DAY OF JULY, 2021

                              BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


            Writ Petition (M/S) No.305 of 2021

BETWEEN:
  Shailesh Pant                                      .....Petitioner
       (Mr. Deep Joshi, Advocate)



AND:

     State of Uttarakhand & Ors.
                                                .....Respondents

       (Mr. Pradeep Hairiyal, Standing Counsel for the State of
       Uttarakhand and Mr. Anil Kumar Joshi, Advocate assisted by Mr.
       Alok Dalakoti, Advocate for the respondent bank.)




                            JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. By means of this writ petition, petitioner has sought the following reliefs:-

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 29.05.2020 issued by the respondent No.2 for a sum of Rs.3,11,366/- + Rs.2,72,250/-

                      (Annexure       no.1      to     the     writ
                      petition).



             (ii)       Issue a writ, order or direction in

the nature of mandamus directing the respondents to fix entire amount in simple installment of half yearly.

3. A Coordinate Bench of this Court had passed an interim order in favour of the petitioner on 05.02.2021, wherein it was provided that if petitioner deposits 1/4th amount of the recovery citation within two months, the recovery proceedings shall be kept in abeyance.

4. Shri Deep Joshi, learned counsel appearing for the petitioner submits that petitioner has deposited one-fourth amount within the stipulated time. He further submits that petitioner be granted some reasonable time to deposit remaining outstanding amount.

5. Shri Anil Joshi and Shri Alok Dalakoti, learned counsel appearing for the respondent bank submits that they have no objection if some reasonable time is given to the petitioner to deposit the remaining amount.

6. Having regard to the facts and circumstances of the case, the writ petition is disposed of with the following directions:

(i) The remaining loan amount shall be deposited by the petitioner in six equal monthly installments to be fixed by the

bank. The first installment would be payable on or before 07.08.2021 and the remaining installments would be payable on or before 7th day of each succeeding month.

(ii) Interest, if any, shall be added in the last installment.

(iii) Subject to fulfillment of aforesaid conditions, recovery proceedings against the petitioner shall be kept in abeyance till 10.01.2022.

(iv) However, it is made clear that in case of default on the part of the petitioner to abide by the aforesaid conditions, he shall not be entitled to protection of this order and respondents would be free to proceed against him for recovery of the entire amount, in accordance with law.

(MANOJ KUMAR TIWARI, J.) Rajni