WPMS/1757/2018
2021 Latest Caselaw 2450 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 15TH DAY OF JULY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1757 of 2018
BETWEEN:

Jagveer Singh                    ...Petitioner
     (By Mr. Rashid Hasnain, Advocate holding brief of Mr.
     Harshpal Sekhon, Advocate)

AND:

State of Uttarakhand & others          ...Respondents

     (By Mr. Rakesh Kunwar, learned Additional C.S.C. and
     Mr. Siddhartha Jain, learned counsel for respondent no.
     3)


                      JUDGMENT

1. Petitioner took a loan from Punjab National Bank, Branch Bazpur, District Udham Singh Nagar. Since petitioner could not repay the loan in time, therefore, Bank issued recovery certificate to Tehsildar Bazpur. Pursuant to the recovery certificate, Tehsildar Bazpur issued citation for recovery of ₹10,24,975/- plus other charges. Thus feeling aggrieved, petitioner has approached this Court.

2. In para 6 of the writ petition, it has been stated that the recovery citation issued against him is illegal, as the matter was taken up in Lok Adalat and the dispute between the Bank and the petitioner was settled. In para 7, it has been stated that the entire amount, as per settlement, has been paid and now nothing more is due to the Bank.

3. The copy of the settlement deed is enclosed as annexure no. 3 to the writ petition. Based on the said document, Mr. Rashid Husain, learned counsel for the petitioner submits that as per the settlement, petitioner was liable to pay only ₹5.00 lakh towards full and final settlement of the loan amount and the said amount has been paid to the Bank.

4. This submission has not been disputed by Mr. Siddharth Jain, learned counsel appearing for the Bank and he also admits that there is now no dispute left between petitioner and the Bank.

5. From the aforesaid discussion, it is apparent that there is no further liability of the petitioner towards the Bank. In such view of the matter, the impugned recovery citation dated 05.08.2017, issued against the petitioner, is liable to be quashed and is hereby quashed.

6. Accordingly, writ petition is allowed.

(MANOJ KUMAR TIWARI, J.) Aswal