WPMS/1469/2018
2021 Latest Caselaw 2524 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
              ON THE 22nd DAY OF JULY, 2021

                              BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


           Writ Petition (M/S) No.1469 of 2018

BETWEEN:

     M/s Maharaja Sweet House                         .....Petitioner
       (Mr. S.K. Mandal, Advocate)


AND:

     Collector/District Magistrate, District Udham Singh
     Nagar                               .....Respondent

       (Mr. T.S. Phartiyal, Addl. C.S.C. along with Mr. Devesh Ghildiyal,
       Brief Holder for the State and Mr. J.C. Belwal, Advocate for
       respondent no.3)


                            JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Petitioner took a business loan from respondent no.3-UCO Bank, Branch Nanakmatta, District Udham Singh Nagar. Since he defaulted in repayment of loan, therefore, bank has initiated recovery proceedings against him. In this writ petition, petitioner has challenged recovery citation issued by Tehsildar, Sitarganj for recovery of `1,86,192/- and other charges.

3. The Coordinate Bench of this Court, vide order dated 25.05.2018, had granted protection to

the petitioner from recovery proceedings subject to the condition that petitioner shall deposit Rs.25,000/- with the respondent bank within one week i.e. on or before 01.06.2018.

4. Shri S.K. Mandal, learned counsel for the petitioner submits that petitioner deposited ` 25,000/- in terms of the order dated 25.05.2018 and thereafter he made deposits from time to time. Shri J.C. Belwal, learned counsel appearing for the respondent bank submits that although petitioner has deposited amount of ` 25,000/-, however, according to him, said deposit was made after the date stipulated in the order.

5. Learned counsel for the petitioner further submits that petitioner is ready and willing to repay the loan but some reasonable time be given to him for the said purpose. He submits that petitioner be permitted to approach the bank authorities along with proposal for One Time Settlement of the loan. Learned counsel for the respondent bank submits that he has no objection if petitioner is permitted to submit a proposal for One Time Settlement, which shall be considered by the bank as per law.

6. Having regard to the aforesaid facts and circumstances of the case, writ petition is disposed of with liberty to the petitioner to submit proposal for One Time Settlement of the loan to the bank within two weeks. If petitioner submits such proposal, the Competent Authority in the Bank shall

consider petitioner's request and take appropriate decision in accordance with law within two weeks thereafter. For a period of four weeks or till decision is taken on petitioner's proposal, no coercive action shall be taken against the petitioner.

(MANOJ KUMAR TIWARI, J.) Rajni