Uttarakhand High Court
WPMS/1378/2021 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. 1378 of 2021
BETWEEN:
Bhupal Ram ...Petitioner
(By Mr. Ganesh Kandpal, Advocate)
AND:
District Magistrate/Collector, Bageshwar
& others ...Respondents
(By Mr. Rakesh Kunwar, learned Additional C.S.C. for the
State of Uttarakhand and Mr. M.S. Rawat, Advocate for
the Bank)
JUDGMENT
1. By means of this writ petition, petitioner
has sought following reliefs:-
(i) Issue a writ, order or direction in the
nature of certiorari and call for the record
of the case and quash the impugned
Recovery notice dated 29.04.2021
(Annexure No. 1 to the writ petition) issued
by respondent no. 2.
(ii) Issue a writ, order or direction in the
nature of mandamus directing the
respondent to permit the petitioner to
deposit the due loan amount in the
installment.
2. Mr. Ganesh Kandpal, learned counsel for
the petitioner submits that petitioner is ready and
willing to repay the entire outstanding loan amount to
the Bank. However, he needs some time for the
purpose.
3. Mr. M.S. Rawat, learned counsel appearing
for the Bank submits that petitioner took a loan of
₹4.00 lakh in the year 2013 for commercial purpose.
He further submits that due to persistent default by
the petitioner, Bank was constrained to proceed for
recovery of the outstanding loan amount. He further
submits that recovery citation, impugned in the writ
petition, does not indicate the correct amount, as the
said recovery citation was issued pursuant to the
recovery certificate issued by the Bank in the year
2016.
4. Annexure No. 2 to the writ petition, is an
order dated 09.11.2016 passed by coordinate Bench
of this Court in WPMS No. 2997 of 2016. Operative
portion of the said judgment is reproduced below:-
"In view of the above, writ petition stands
disposed with the direction that if the petitioner
deposits an amount of Rs.40,000/- i.e. on or
before 25.11.2016 with the bank, the remaining
amount shall be recovered from the petitioner in
twenty four equal monthly installments, the
petitioner shall liable to pay the installment on
or before 25th of every month, spread over for a
period of twenty four months.
It is further directed that the last
installment shall also carry the cumulative
interest. It is, however, made clear that in the
event of default of any single payment of
installment, the bank shall be at liberty to
initiate fresh process of recovery against the
petitioner."
5. Mr. M.S. Rawat, learned counsel appearing
for the Bank submits that despite the indulgence
given by coordinate Bench of this Court vide order
dated 09.11.2016, petitioner has not complied with
the order, inasmuch as, he had not deposited the
amount as indicated in the order of this Court.
Petitioner deposited only a small amount and
thereafter he never turned up to deposit the
remaining amount. Thus, according to him,
petitioner is not entitled to any relief, at this stage.
6. This Court finds substance in the
submission made by learned counsel for the Bank.
Since petitioner has not deposited the amount in
terms of the order passed by coordinate Bench of this
Court, therefore, he does not deserve any sympathy
or indulgence of this Court.
7. Admittedly, petitioner took a loan,
therefore, he is bound to repay the principal amount
as well as the amount of accrued interest. Thus, any
interference with the recovery proceedings initiated
against the petitioner by the bank would be
unwarranted.
8. Accordingly, writ petition fails and is hereby
dismissed.
(MANOJ KUMAR TIWARI, J.)
Aswal
