Uttarakhand High Court
WPMS/1470/2018 on 20 July, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 20TH DAY OF JULY, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 1470 of 2018
BETWEEN:
Madan Lal .......Petitioner
(There is no representation for the petitioner)
AND:
District Magistrate, Haridwar & others
.....Respondents
(By Mr. T.S. Phartiyal, Additional Chief Standing Counsel for the State of
Uttarakhand/respondent nos. 1 & 2 & Mr. Siddhartha Sah, Advocate for
respondent nos. 3 & 4)
JUDGMENT
Heard learned counsel for the parties
through video conferencing.
2. Petitioner is a borrower, who took
agricultural loan from Canara Bank, Branch
Bhagwanpur, District Haridwar. Since he could not
re-pay the loan amount, therefore, the bank
proceeded for recovery of the outstanding dues.
3. In the present writ petition, petitioner has
challenged the recovery citation dated 15.11.2017
issued by Tehsildar for recovery of ` 5,29,667/-
+ other charges.
4. A Coordinate Bench of this Court vide order
dated 29.05.2018 granted protection to the petitioner
from recovery proceedings, provided he deposits a
sum of ` 25,000/- with the bank, within three weeks.
In the said order, Coordinate Bench has also recorded
that petitioner had deposited a sum of ` 55,000/- in
the month of March, 2018.
5. On 16.07.2021, learned counsel appearing
for the bank was asked to get instruction regarding
exact outstanding amount as on 30.06.2021. Today,
on instruction, Mr. Siddhartha Sah, learned counsel
appearing for the bank submits that at present, the
outstanding amount against the petitioner is
` 4,00,000/-. He further submits that petitioner had
approached the bank for One Time Settlement of the
outstanding dues, however, after depositing the
proposal amount, he did not turn up.
6. From the submission made by learned
counsel for the bank, it is apparent that petitioner is
willing to re-pay the loan and his bona fide is
apparent from the proposal, which he submitted to
the bank for One Time Settlement.
7. Having regard to the facts and
circumstances of the case, the writ petition is
disposed of with the following directions:-
(I) Petitioner shall deposit a sum of
`50,000/- with the respondent-Bank, within
five weeks from today. Subject to deposit
of `50,000/-, the respondent-Bank shall
consider the proposal submitted by the
petitioner for One Time Settlement and
pass appropriate order, in accordance with
law, within four weeks thereafter.
(II) The proposal of One Time Settlement
submitted by the petitioner, if accepted by
the bank, then the petitioner shall deposit
the remaining amount as per One Time
Settlement, within two months.
(III) In the event, petitioner fails to deposit
`50,000/- within five weeks from today or
in case he fails to deposit the remaining
amount as per One Time Settlement, within
the stipulated period, then petitioner shall
not be entitled to protection of this order
and the respondent-Bank shall be at liberty
to proceed for recovery of outstanding dues
from the petitioner, in accordance with law.
(IV) Since petitioner's counsel is not
present before this Court, therefore, it shall
be duty of the Manager of the concerned
Branch of Canara Bank to communicate this
order to the petitioner, as early as possible,
but not later than ten days from today.
8. Let a certified copy of this order be issued
by 22.07.2021.
(MANOJ KUMAR TIWARI, J.)
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