WPMS/1125/2021
2021 Latest Caselaw 1986 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
             ON THE 22ND DAY OF JUNE, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         Writ Petition (M/S) No. 1125 of 2021

 BETWEEN:
      Mohan Ram                                       .....Petitioner
      (By Mr. Rakesh Negi, Advocate)

 AND:
      State of Uttarakhand & others               .....Respondents
      (By Mr. T.S. Phartiyal & Mr. G.S. Negi, Addl. C.S.C. for the State
      of Uttarakhnd/respondent nos. 1 & 2 and Mr. Mahendra Singh
      Rawat, Advocate for respondent no. 3)


                          JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Petitioner stood as guarantor in respect of the loan taken by one late Par Ram, S/o Veer Ram, who took a loan of ` 2,00,000/- for purchasing goats from Uttarakhand Gramin Bank, Branch Harsila, District Bageshwar.

3. Since the borrower has passed away, therefore, the bank has proceeded to recover the outstanding loan amount from the petitioner.

4. Petitioner is aggrieved by a citation issued by Tehsildar, Bageshwar on 11.05.2021 for recovery of ` 2,22,421. Thus, feeling aggrieved, petitioner has approached this Court challenging the recovery citation issued by Tehsildar.

5. Learned counsel appearing for the petitioner submits that petitioner is an agriculturist, who is ready and willing to repay the entire loan amount, however, he prays that some reasonable time be given to him for repayment of loan.

6. Learned counsel appearing for respondent- Bank submits that having regard to the willingness shown by the petitioner to repay the loan, he has no objection if nine months' time is given to the petitioner to repay the loan, provided he deposits at least 25% of the outstanding amount within three weeks from today.

7. Learned counsel for the petitioner submits that three weeks' time would be too short, therefore, petitioner be given at least four weeks' time for depositing 25% of the outstanding loan amount.

8. Having regard to the facts & circumstances of the case, writ petition is disposed of with the following directions:

(i) Petitioner shall deposit 25% of the outstanding loan amount with the concerned branch of the respondent-Bank on or before 21.07.2021. In case, he fails to deposit the said amount, he shall not be entitled to benefit of this order.

(ii) The remaining amount shall be deposited by the petitioner in eight equal monthly installments to be fixed by the respondent-Bank. The first installment shall be payable on or before 25.08.2021.

(iii) Last installment will carry the amount of interest.

(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 the event, the petitioner fails to abide any of the conditions mentioned above, then, the respondent-Bank shall be at liberty to proceed for recovery of the loan amount, in accordance with law.

(MANOJ KUMAR TIWARI, J.) Navin