WPMS/1248/2021
2021 Latest Caselaw 2337 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. 1248 of 2021

BETWEEN:

Tara Chandra Singh Mehta.                         ...Petitioner
      (By Mr. Veer Kunwar Singh, Advocate)

AND:
State of Uttarakhand and others.               ..Respondents
      (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
      Uttarakhand and Mr. Mahendra Singh Rawat, Advocate
      for respondent no. 3)


                       JUDGMENT

Petitioner took a loan from Uttarakhand Gramin Bank, Branch Harsila, District Bageshwar. Since, he could not re-pay the loan in time, therefore, the respondent-Bank has issued a recovery certificate. In this writ petition, petitioner has challenged the recovery citation dated 22.04.2021 issued against him.

2. Learned counsel for the petitioner submits that petitioner is ready and willing to re-pay the outstanding amount at the earliest, therefore, some reasonable time be given to the petitioner for re- payment of the loan amount, as due to lockdown, his business came to a grinding halt.

3. Learned counsel for the respondent-Bank submits that outstanding liability of the petitioner is about ` 4,00,000/-. He, however, submits that he has no objection, if reasonable time is given to the petitioner to deposit the amount.

4. In view of the readiness shown by the petitioner to re-pay the loan and also in view of the consent given by the learned counsel appearing for the respondent-Bank, the writ petition is disposed of with the following directions:

(i) Petitioner shall approach the bank authorities by making representation within a period of four weeks from today.

(ii) If petitioner makes such representation within the stipulated period alongwith upfront deposit of ` 80,000/- to show his bonafide, 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 re-pay.

(iii) Petitioner shall repay the remaining outstanding amount in nine monthly equal installments to be decided by the bank. Last installment shall carry interest.

(iv) No coercive steps shall be taken against the petitioner for a period of nine months, pursuant to the impugned recovery citation.

(v) 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