WPMS/1656/2018
2021 Latest Caselaw 2458 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. 1656 of 2018

BETWEEN:

Nirmal Mandal.                           ..........Petitioner
     (By Mr. S.K. Mandal, Advocate)

AND:
Collector/District Magistrate,
District Udham Singh Nagar and others ..Respondents
     (By Mr. H.M. Raturi, Deputy Advocate General for the
     State of Uttarakhand and Ms. Anju Mehta, Advocate for
     respondent no. 3)


                      JUDGMENT

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

"I. Issue a writ order or direction in the nature of certiorari quashing the Recovery Citation dated 21-05-2018 issued by the respondent no. 2 (Contained in Annexure No.2) to the writ petition.

II. Issue a writ order or direction in the nature of mandamus directing and commanding the respondents not to recover any amount in pursuance of recovery citation dated 21-5-2018 and if any amount is remaining due towards the petitioner, same may be permitted to deposit in the respondent bank in easy instalments after calculated the simple interest."

2. A coordinate Bench of this Court vide order dated 12.06.2018 had granted protection to the

petitioner against the recovery proceedings, provided he deposits a sum of ₹ 10,000/-with the Bank within two weeks.

3. In prayer no. II, petitioner has sought the facility of re-payment of the outstanding loan amount in easy instalments. The amount indicated in the recovery citation is ₹ 1,05,753/-. As against the said amount, petitioner has deposited a sum of ₹ 10,000/- pursuant to the order of this Court.

4. Since petitioner has admitted his liability to re-pay the loan, therefore, no interference with the recovery citation would be called for.

5. Learned counsel for the petitioner submits that sometime be given to the petitioner for re- payment of the loan.

6. 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 re-pay the outstanding amount in installments. He shall, however, deposit a sum of ₹ 10,000/-, within three weeks from today to show his bona fide. 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.

7. 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.) Arpan