WPMS/253/2021
2021 Latest Caselaw 823 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
        ON THE 10TH DAY OF MARCH, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 253 of 2021

BETWEEN:

Umesh Chandra.                                    ..........Petitioner
     (Mr. Prem Kaushal, Advocate)

AND:
District Magistrate, Nainital,
District Nainital and others.                    ....Respondents
     (Mr. Devesh Ghildiyal, Brief Holder for the State of
     Uttarakhand   and    Mr.   Ashish        Joshi,    Advocate      for
     respondent no. 3)


                       JUDGMENT

Petitioner has challenged the recovery citation issued by Tehsildar, Koshyakutoli, District Nainital for recovery of ` 2,42,833 + other charges.

2. Petitioner took a loan from State Bank of India, Branch Dhaniakote, District Nainital. Since, he could not re-pay the loan in time, therefore, respondent-Bank issued a recovery certificate, pursuant to which, Tehsildar has issued a citation for recovery of the amount.

3. This Court, vide order dated 02.02.2021, had directed that impugned recovery citation shall be kept in abeyance, provided petitioner deposits a sum

of ` 50,000/- within thirty days of the order. Learned counsel for the petitioner submits that petitioner had deposited ` 50,000/-, though with some delay. He submits that, after issuance of recovery citation, petitioner had deposited another sum of ` 60,000/- with the respondent-Bank. Thus, according to him, petitioner is now liable to re-pay a sum of about ` 1,20,000/-.

4. Learned counsel for the petitioner submits that petitioner is ready and willing to re-pay the outstanding amount at the earliest, therefore, some reasonable time be given to the petitioner for re- payment of the loan amount.

5. Learned counsel for the respondent-Bank submits that he has no objection, if petitioner is directed to re-pay the remaining amount in six installments, spread over a period of nine months.

6. 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 15.04.2021.

(ii) If petitioner makes such representation within the stipulated period alongwith upfront deposit of ` 10,000/- 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 five installments, spread over a period of eight months.

(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.

7. Let a certified copy of this order be issued today itself.

(MANOJ KUMAR TIWARI, J.) Arpan