WPMS/2398/2021
2021 Latest Caselaw 4623 UK

     IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
      ON THE 17th DAY OF NOVEMBER, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2398 of 2021
BETWEEN:
Gulshan Jahan                                              ...Petitioner
      (Mr. Aditya Singh, Advocate)

AND:

Punjab and Sindh Bank,
Branch Jaspur,
District Udham Singh Nagar                                ...Respondent
      (No representation for the respondent)

                           JUDGMENT

Petitioner's husband took two cash credit limit from Punjab and Sindh Bank, Branch Jaspur, District Udham Singh Nagar. Petitioner's husband passed-away on 31.08.2020. Since there was default in repayment of the loan/cash credit limit, therefore, respondent-Bank has proceeded to recover the outstanding dues by issuing an auction notice. Thus, feeling aggrieved, petitioner has approached this Court.

2. Learned counsel for the petitioner submits that due to financial constraints and death of her husband, the outstanding dues could not be repaid to the respondent-Bank in time. She submits that she will repay the loan provided, some reasonable time is given to him.

3. Learned counsel for the petitioner further submits that petitioner may be permitted to approach the Competent Authority in the Bank to regularize the cash credit limit account.

4. The prayer made by petitioner's counsel is innocuous.

5. Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the Competent Authority in the Bank by making a representation within one week from today alongwith deposit of ` 50,000/- to show her bona- fide. The Competent Authority shall consider petitioner's request and take appropriate decision, in accordance with law within two weeks. For three weeks or till decision is taken on petitioner's representation, whichever is earlier, the auction sale of the secured assets, if made, shall not be confirmed.

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

(MANOJ KUMAR TIWARI, J.) Shubham