WPMS/2317/2021
2021 Latest Caselaw 4456 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
       ON THE 9TH DAY OF NOVEMBER, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 2317 of 2021

BETWEEN:

Chanchal Singh.                                 ..........Petitioner
      (By Mr. Rahul Adhikari, Advocate)


AND:
District Magistrate & others.                 ......Respondents
      (By Mr. M.C. Tewari, Deputy Advocate General for the State of
      Uttarakhand and Dr. K.H. Gupta, Advocate for respondent
      no.3)


                         JUDGMENT

Petitioner is a borrower, who took a loan from Nainital Bank, Branch Bageshwar. Due to default in repayment of the loan in time, the respondent-Bank has issued a recovery notice to the petitioner. Thus, feeling aggrieved, petitioner has approached this Court.

2. Learned counsel for the petitioner submits that petitioner is ready and willing to re-pay the loan; but, due to financial constraints, he is not in a position to immediately re-pay the entire loan, therefore, petitioner may be given some reasonable time for re-payment.

3. Learned counsel for the respondent-Bank submits that if petitioner approaches the Competent Authority in the Bank with an offer, the same shall be considered, in accordance with law.

4. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to Competent Authority in the respondent-Bank. If petitioner makes such representation within ten days from today alongwith upfront deposit of ` 4,00,000/-, then the Competent Authority in the Bank shall look into the proposal of the petitioner and take appropriate decision, in accordance with law, within two weeks from the date of receipt of representation alongwith certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan