WPMS/643/2018
2021 Latest Caselaw 2468 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. 643 of 2018
BETWEEN:
Om Prakash                                ...Petitioner
       (By Mr. S.K. Mandal, Advocate)

AND:
Collector/District Magistrate,
Udham Singh Nagar & others                ...Respondents

       (By Mr. H.M. Raturi, learned Deputy Advocate General
       for the State and Mr. Siddhartha Sah, learned counsel for
       the Bank)

                        JUDGMENT

1. Petitioner took a loan from Bank of India, Branch Sitarganj, District Udham Singh Nagar. Since petitioner could not repay the loan in time, therefore, bank issued a recovery certificate to Tehsildar Sitrganj. Pursuant to the recovery certificate, Tehsildar Sitarganj issued citation for recovery of ₹7,99,460/- plus interest and other charge. Thus, feeling aggrieved, petitioner has approached this Court.

2. A coordinate Bench of this Court vide order dated 13.03.2018 had granted protection to the petitioner from recovery proceedings, provided he deposits a sum of ₹50,000/- with the respondent Bank within two weeks.

3. Mr. S.K. Mandal, learned counsel appearing for the petitioner submits that the amount indicated

in the order dated 13.03.2018 was deposited by the petitioner. He further submits that a settlement was arrived at between the Bank and the petitioner and petitioner has deposited the entire outstanding amount, as per settlement. Thus, according to him, writ petition has now become infructuous.

4. In view of the statement so made by learned counsel for the petitioner, the writ petition is dismissed as infructuous. Interim order dated 13.03.2018 stands vacated.

(MANOJ KUMAR TIWARI, J.) Aswal