WPMS/307/2021
2021 Latest Caselaw 742 UK

  IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
          ON THE 8TH DAY OF MARCH, 2021
                          BEFORE:
   HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


      WRIT PETITION (M/S) No. 307 of 2021

 BETWEEN:

 M/s Aum Publication.                         ..........Petitioner
       (Mr. P.C. Petshali and Mr. Lalit Sharma, Advocate)

 AND:
 Union Bank of India.                         ....Respondent
       (Mr. Vikas Kumar Guglani, Advocate)


                        JUDGMENT

Petitioner took a loan from Andhra Bank, which has now been merged in Union Bank of India. Since he defaulted in repayment of the loan, therefore, Union Bank of India has initiated proceedings against him for recovery of the outstanding amount. Thus, feeling aggrieved, petitioner has approached this Court, seeking following reliefs:

"(i) Issue a writ order or direction in the nature of certiorari to quash the auction notice dated 13-1-2021 (wrongly mentioned as 13-1-2020) (Annexure-4).

(ii) Issue a writ order or direction in the nature of mandamus to direct the respondent to accept the remaining loan amount/CC limit upon petitioner's account in easy & equal installments.

(iii) Issue a writ order or direction in the nature of mandamus to direct the respondent to not to proceed the

auction proceedings further, till the disposal of writ petition."

2. A Co-ordinate Bench of this Court, vide order dated 05.02.2021, has passed the following interim order:

"In the meantime, the impugned auction notice will be kept in abeyance, provided the writ petitioner will pay the amount of RS.10.00 lakh within a period of one month from today with the concerned Bank."

3. Learned counsel for the petitioner submits that petitioner is ready and willing to re-pay the entire outstanding amount, however, due to nature of illness of his father, who has recently passed away, and also in view of critical illness of petitioner's mother, some reasonable time be given to the petitioner for re- payment of the loan amount.

4. Learned counsel for the respondent-Bank fairly submits that, having regard to the willingness shown by the petitioner, some reasonable time may be given to the petitioner.

5. Learned counsel for the petitioner submits that petitioner is liable to repay a sum of ` 48,00,000/-. He, therefore, prays that petitioner may be permitted to re-pay the said amount in eight monthly installments.

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

(i) Petitioner shall approach the bank authorities by making representation on or before 06.04.2021.

(ii) If petitioner makes such representation within the stipulated period alongwith upfront deposit of ` 8,00,000/- 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 installments. Last installment shall carry interest.

(iv) No coercive steps shall be taken against the petitioner for a period of eight months.

(iv) 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