WPMS/492/2021
2021 Latest Caselaw 624 UK

  IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
         ON THE 3rd DAY OF MARCH, 2021
                            BEFORE:
   HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

     WRIT PETITION (M/S) NO. 492 OF 2021


BETWEEN:
     Nandan Singh                                 ......Petitioner
     (Mr. D.C.S. Rawat, Advocate)



AND:
     Nainital District Co-Operative Bank
     and others                                .....Respondents
     (Mr. Tumul K. Nainwal, Brief Holder for the State of
     Uttarakhand/respondent nos. 1 & 3 and Mr. K.K. Shah,
     Advocate for respondent no. 2)




                         JUDGMENT

Petitioner is a borrower, who has defaulted in repayment of loan. He earlier filed WPMS No. 3136 of 2017, which was disposed of by this Court with the following directions:-

"After having heard learned counsel for the parties and perusing the documents on record, the writ petition is disposed of in the following terms:-

(i) Petitioner shall deposit Rs. 1.5 lacs with the Bank on or before 31.01.2018.

(ii) The remaining amount shall be deposited by the petitioner, in six quarterly installments.

(iii) It is also made clear that the last installment shall also carry the accumulated interest. In case of default in payment of even a single installment, respondent/Bank shall be at liberty to take any action against the petitioner, in accordance with law.

(iv) Recovery charges shall not be recovered from the petitioner.

(v) Any default on the part of the petitioner shall amount to automatic vacation of the order and the respondent-Bank will be at liberty to proceed in accordance with law."

2. Since petitioner did not fulfil the conditions imposed in the said order, therefore bank has proceeded to recover the outstanding amount. Thus, feeling aggrieved, petitioner has again approached this Court.

3. Since the petitioner has violated the conditions imposed by this Court in its order dated 13.12.2017, therefore, petitioner is not entitled for any further indulgence in the matter.

4. Accordingly, writ petition fails and is dismissed. However, it is provided that, if petitioner approaches the Manager of the concerned branch within one week from today, he shall be apprised about exact outstanding amount, which he is liable to pay.

(MANOJ KUMAR TIWARI, J.) Navin