WPMS/1471/2021
2021 Latest Caselaw 2723 UK

IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
            ON THE 30TH DAY OF JULY, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       WRIT PETITION (M/S) No. 1471 of 2021

BETWEEN:

Jamuna Prasad Sahu.                           ..........Petitioner
       (By Mr. Harshit Sanwal, Advocate)

AND:
Almora Urban Co-operative
Bank Ltd. and others.                        ....Respondents
       (By Mr. Siddhartha Sah, Advocate for respondent nos. 1
       & 2 and Mr. J.S. Bisht, Standing Counsel for the State of
       Uttarakhand)


                         JUDGMENT

Petitioner took a loan from Almora Urban Co-operative Bank Ltd. Branch Sitarganj. 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 24.06.2021 issued against him.

2. The outstanding amount is indicated as ` 4,02,790/- + other charges in the said recovery citation. Thus, feeling aggrieved, petitioner has approached this Court challenging the recovery citation.

3. Learned counsel for the petitioner submits that the default committed by the petitioner in timely re-payment of the loan is mainly due to lockdown imposed in view of COVID-19 Pandemic. He further submits that petitioner is ready and willing to re-pay the entire loan amount, provided some reasonable time is given to the petitioner for the purpose.

4. Learned counsel for the respondent-Bank submits that if petitioner undertakes to deposit at least 10% of the outstanding amount within six weeks, then petitioner may be permitted to deposit the balance amount in seven monthly installments.

5. In view of the readiness shown by the petitioner to re-pay the loan and also in view of the consent given by the learned counsel appearing for the respondent-Bank, the writ petition is disposed of with the following directions:

(i) Petitioner shall approach the bank authorities by making representation on or before 18.09.2021.

(ii) If petitioner makes such representation within the stipulated period alongwith upfront deposit of ` 40,000/- to show his bonafide, then the respondent- Bank shall inform the petitioner, within four days from date of receipt of representation alongwith certified copy of this order, about the exact amount, which he is liable to re-pay.

(iii) Petitioner shall repay the outstanding amount in seven monthly installments.

(iv) Recovery charges shall be waived off, if petitioner directly deposits the outstanding amount with the respondent-Bank.

(v) No coercive steps shall be taken against the petitioner for a period of nine months, pursuant to the impugned recovery citation.

(vi) In case of any default by the petitioner, he shall not be entitled to protection of this order and respondent/Bank will be free to proceed against him, in accordance with law.

(MANOJ KUMAR TIWARI, J.) Arpan