WPMS/1638/2018
2021 Latest Caselaw 2459 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. 1638 of 2018

BETWEEN:

Deen Bandhu Mandal.                      ..........Petitioner
     (By Mr. M.K Ray, Advocate)

AND:
State of Uttarakhand 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

Petitioner has filed this writ petition seeking the following reliefs:

"(A) Issue a writ order or direction in the nature of certiorari to quash the impugned recovery citation dated 21.05.2018 issued by the respondent no. 2, whereby the petitioner has been directed to pay a sum of Rs. 5,43,232/- only (Rs. Five Lac, Forty Three Thousand, Two Hundred Thirty Two) alongwith the other charges.

(B) Issue a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive measure against the petitioner with respect to the aforesaid recovery citation and alternatively to accept the aforesaid loan amount in equal and easy installments as will be fixed by this Hon'ble court in the facts and circumstances of the present case."

2. A Co-ordinate Bench of this Court vide order dated 12.06.2018 had granted protection against recovery proceedings to the petitioner, subject to condition of his depositing a sum of ` 50,000/- with the respondent-Bank, within one week.

3. Learned counsel for the petitioner submits that petitioner has deposited a sum of ` 50,000/- with the respondent-Bank in terms of order of this Court.

4. Petitioner has not disputed his liability to re-pay the loan. In prayer (B), petitioner has sought facility to re-pay the loan in easy installments. The Recovery Citation issued against the petitioner is for ` 5,43,232/- + other charges.

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

(i) Petitioner shall approach the bank authorities by making representation within three weeks from today for fixing installments to re-pay the outstanding amount, if any.

(ii) Alongwith his representation, petitioner shall deposit a sum of ` 50,000/- to show his bona fide.

(iii) The Competent Authority in the respondent- Bank shall consider petitioner's representation and pass appropriate order, in accordance with law, within three weeks thereafter.

(iv) The Branch Manager shall also supply latest statement of account to the petitioner.

(v) If petitioner deposits the outstanding amount to the respondent-Bank directly without using the agency of Revenue Department, then petitioner shall not be liable to pay recovery charges.

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

(MANOJ KUMAR TIWARI, J.) Arpan