WPMS/1577/2018
2021 Latest Caselaw 2457 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 16TH DAY OF JULY, 2021
                       BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1577 of 2018
BETWEEN:

Shri Ishwar Chand                      ...Petitioner
     (By Mr. Bhuwan Bhatt, Advocate)

AND:

State Bank of India & others           ...Respondents

     (By Ms. Anju Mehta, Advocate for the Bank and Mr. H.M.
     Raturi, learned Deputy Advocate General)


                     JUDGMENT

1. Petitioner took a loan from State Bank of India, A.D.B. Branch Roorkee, District Haridwar. Since petitioner could not repay the loan in time, therefore, Bank has issued a recovery certificate for a sum of ₹14,49,463/- plus other charges. Pursuant to the said recovery certificate, Tehsildar, Haridwar issued a recovery citation against the petitioner. Thus, feeling aggrieved, petitioner has approached this Court.

2. A coordinate Bench of this Court had passed an interim order dated 01.06.2018 providing that if petitioner deposits a sum of ₹1.00 lakh with the Bank within three weeks, then recovery citation issued against him shall remain stayed.

3. It is a fact that petitioner is a borrower, therefore, he is bound by the terms and conditions of the loan agreement executed between him and the

Bank. Thus, there is no scope for interference with the recovery proceedings initiated against the petitioner due to his default.

4. Learned counsel for the petitioner submits that in the initial notice, the Bank had indicated lesser amount, then the amount stated in the recovery certificate.

5. Having regard to the facts and circumstances of the case, the writ petition is disposed of by permitting the petitioner to approach the Competent Authority in the Bank by making a representation seeking permission to repay the outstanding amount in six installments. He shall, however, deposit a sum of ₹50,000/-, within three weeks from today to show his bonafide. The Competent Authority in the Bank shall take decision on petitioner's representation, in accordance with law, within a period of three weeks from the date of receipt of such representation. The Bank shall also provide statement of account to the petitioner, so that petitioner may ascertain the exact amount, which he is liable to pay.

6. For a period of six weeks or till decision on petitioner's representation, whichever is earlier, no coercive action shall be taken against the petitioner.

(MANOJ KUMAR TIWARI, J.) Aswal