WPMS/610/2021
2021 Latest Caselaw 884 UK

 IN THE HIGH COURT OF UTTARAKHAND AT
                NAINITAL

             ON THE 15TH DAY OF MARCH, 2021

                               BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


             Writ Petition (M/S) No.610 of 2021

BETWEEN:
  Dharmendra Singh Rana                                .....Petitioner
     (Ms. Soniya Chawla, Advocate)




AND:

     State of Uttarakhand & others                .....Respondents
     (Mr. Rakesh Kunwar, Addl. C.S.C. for the State/respondent no.1, Mr.
     Hari Mohan Bhatia, Advocate for respondent no.2 and Mr. Adarsh
     Tiwari, Advocate i/b Mr. N.S. Pundir, Advocate for respondent no.3)




                              JUDGMENT

Heard learned counsel for the parties.

2. According to the petitioner, he was sanctioned a loan under Veer Chandra Singh Garhwali Paryatan Yojana for construction of a hotel. It is further his case that the hotel, which was constructed from the amount of loan, was destroyed in natural calamity which hit Uttarkashi in the year 2013. The grievance of the petitioner is that District Cooperative Bank Ltd. (respondent no.3 herein), which had sanctioned loan to the petitioner, has issued demand notices to the petitioner, whereby the petitioner has been asked to deposit an exorbitant amount.

3. Learned counsel for the petitioner submits that the petitioner had paid a substantial amount in his loan account and the Bank has already realized the amount of insurance and also the amount of subsidy, which is amounting to ` 5.00 lakhs. Learned counsel for the petitioner further submits that the petitioner has already made a representation to the Competent Authority in the Bank, on 22.10.2019, which is on record as Annexure No.7 to the writ petition, and she confines her prayer that the Competent Authority be directed to take decision on petitioner's representation.

4. Mr. Adarsh Tiwari, Advocate holding brief of Mr. N.S. Pundir, Advocate appearing for the respondent no.3-Bank submits that if the representation made by the petitioner is still pending before the Competent Authority, appropriate decision shall be taken in the matter, expeditiously.

5. Having regard to the facts and circumstances of the case, writ petition is disposed of with the direction to the Competent Authority to take a decision on petitioner's representation sympathetically, as early as possible, preferably within a period of six weeks from the date of production of a certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Rajni