WPMS/664/2018
2021 Latest Caselaw 2464 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. 664 of 2018
BETWEEN:

Mohammad Sarwaryar Khan                     ...Petitioner
     (By Mr. M.K. Ray, Advocate)

AND:

State of Uttarakhand & others          ...Respondents

     (By Mr. H.M. Raturi, learned Deputy Advocate General
     for the State of Uttarakhand and Mr. K.K. Shah, learned
     counsel for the respondent Bank)


                       JUDGMENT

1. By means of this writ petition, petitioner has sought following relief:-

(i) Issue a writ order or direction in the nature of certiorari to quash the impugned recovery citation dated 28.04.2017 issued by the respondent no. 2, whereby the petitioner has been directed to pay a sum of Rs. 27,65,171/- only (Rs. Twenty Seven Lac, Sixty Five Thousand, One Hundred, Seventy One) along with the interest @ of 13.20 per annum.

(ii) 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 instalments as will be fixed by this Hon'ble court in the facts and circumstances of the present case.

2. Mr. M.K. Ray, learned counsel for the petitioner submits that petitioner has entered into

One Time Settlement with the Bank of India, Branch Rudrapur, District Udham Singh Nagar. He further submits that petitioner has deposited ₹5.00 lakh with the Bank in terms of order dated 14.03.2018 passed by this Court and thereafter, remaining amount has to be deposited by the petitioner upto March, 2022, in terms of the One Time Settlement.

3. Mr. M.K. Ray, learned counsel appearing for the petitioner submits that in view of the One Time Settlement arrived at between the petitioner and the Bank, the writ petition has become infructuous.

4. Accordingly, the writ petition is dismissed as infructuous. Interim order, if any, stands vacated.

(MANOJ KUMAR TIWARI, J.) Aswal