WPMS/2467/2021
2021 Latest Caselaw 4723 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
     ON THE 24TH DAY OF NOVEMBER, 2021
                            BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 2467 of 2021

BETWEEN:

Smt. Gurpreet Kaur.                                ....Petitioner
      (By Mr. K.K. Harbola, Advocate)



AND:
Uttarakhand Gramin
Bank & another.                               ......Respondents
       (By Mr. Mahendra Singh Rawat, Advocate)



                         JUDGMENT

Heard learned counsel for the parties.

2. Petitioner took a housing loan from Uttarakhand Gramin Bank, Branch Haldwani, District Nainital, in the year 2016. Due to some personal difficulties, petitioner could not repay the loan, in time therefore, the respondent-bank has initiated proceedings of recovery by invoking provisions contained in Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

3. In this writ petition, petitioner has challenged the possession notice issued by Authorized Officer of the respondent-bank, in

which, the total outstanding amount against the petitioner has been indicated as Rs. 14,94, 598/- +incidental charges as on 20.10.2020.

4. Learned counsel for the petitioner submits that petitioner is ready and willing to repay the loan, however, all she needs is some reasonable time for repayment so that she may arrange for necessary funds.

5. Learned counsel appearing for respondent-bank submits that if petitioner makes representation to the Competent Authority in the bank, then the Competent Authority shall consider petitioner's representation, expeditiously.

6. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to the Competent Authority in the bank on or before 26.10.2021. Along with her representation, petitioner shall deposit a sum of Rs. 50,000/-. If petitioner makes representation along with deposit of Rs. 50,000/- within stipulated time, the Competent Authority in the bank shall look into petitioner's request and take appropriate decision, in accordance with law, within ten days thereafter.

7. For a period of two weeks or till decision on petitioner's representation, whichever

is earlier, status quo as of today shall be maintained.

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

(MANOJ KUMAR TIWARI, J.) Navin