WPMS/306/2021
2021 Latest Caselaw 2334 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.306 of 2021

BETWEEN:
  Bhawani 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 and Mr. Alok Dalakoti,
       Advocates 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.3,48,385/- (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. Learned counsel for the petitioner submits that although Coordinate Bench of this Court had passed an interim order in favour of the petitioner on 05.02.2021 subject to condition of deposit of one-fourth of the amount indicated in recovery citation; however, due to financial constraints, petitioner could not deposit the said amount.

4. Learned counsel for the petitioner submits that petitioner is ready and willing to repay the outstanding loan amount; however, some reasonable time be given to him for the said purpose.

5. Shri Anil Kumar Joshi and Shri Alok Dalakoti, learned counsel appearing for respondent bank submits that they have no objection if petitioner is given the facility of depositing the amount in installments provided the petitioner deposits one-third of the outstanding amount within four weeks from today.

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

(i) Petitioner shall deposit one-third of the outstanding amount, as first installment, positively on or before 08.08.2021. In case, petitioner fails to deposit the said amount within the stipulated time, the respondent bank shall be at liberty to proceed against petitioner in accordance with law.

(ii) The remaining loan amount shall be deposited by the petitioner in six equal monthly installments to be fixed by the bank. The second installment would be payable on or before 07.09.2021 and the remaining installments would be payable on or before 7th day of each succeeding month.

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

(iv) Subject to fulfillment of aforesaid conditions, recovery proceedings against the petitioner shall be kept in abeyance till 10.02.2022.

(v) 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