WPMS/1455/2021
2021 Latest Caselaw 2696 UK

IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
            ON THE 29TH DAY OF JULY, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 1455 of 2021

BETWEEN:

Ganesh Chandra.                                ..........Petitioner
     (By Mr. B.N. Molakhi, Advocate)

AND:
State of Uttarakhand and others.               ....Respondents
     (By Mr. Vinod Nautiyal, Deputy Advocate General with
     Mr. Devesh Ghildiyal, Brief Holder for the State of
     Uttarakhand and Mr. Mahendra Singh Rawat, Advocate
     for respondent no. 3)


                          JUDGMENT

Petitioner took a loan from Uttarakhand Gramin Bank, Branch Bageshwar. Since, he could not re-pay the loan in time, therefore, the respondent- Bank has issued a recovery certificate. In this writ petition, petitioner has challenged the recovery citation dated 10.03.2021 issued against him.

2. The outstanding amount is indicated as ` 2,51,462/- + other charges in the said recovery citation. Thus, feeling aggrieved, petitioner has approached this Court challenging the recovery citation.

3. Learned counsel for the respondent-Bank, on instructions, submits that earlier also, petitioner had filed two writ petitions and had obtained orders for re- payment of the loan in installments; but, neither the petitioner has paid any amount in terms of the earlier orders of this Court nor the factum of filing of writ petitions has been disclosed in the present writ petition.

4. Since petitioner has suppressed this material information regarding filing of writ petitions earlier, therefore, petitioner is not entitled to any indulgence.

5. Accordingly, the writ petition fails and is dismissed.

(MANOJ KUMAR TIWARI, J.) Arpan