WPMS/2480/2021
2021 Latest Caselaw 4752 UK

     IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
     ON THE 25TH DAY OF NOVEMBER, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2480 of 2021
BETWEEN:
Bhavana                                                   ...Petitioner
      (By Mr. Mohd. Matloob, Advocate)

AND:

State of Uttarakhand and another                      ...Respondents
      (Mr. Mamta Bisht, Deputy Advocate General for the State)


                          JUDGMENT

According to the petitioner, she took a group loan amounting to ` 2,50,000/- with four other members of a self-help group, from District Co-operative Bank, Bageshwar.

2. Since the said group has not been able to repay the loan, therefore, respondent-Bank has initiated proceedings for recovery of the outstanding amount. Petitioner has challenged a recovery citation issued by Tehsildar Bageshwar for recovery of ` 3,64,621/- plus other/recovery charges.

3. Learned counsel for the petitioner submits that petitioner is ready and willing to repay her share of the loan; petitioner has already deposited a sum of ` 29,200/- with the respondent-Bank; all that petitioner wants is some reasonable time for repayment of the loan.

4. Having regard to the willingness shown by petitioner for repaying the loan, the writ petition is disposed of with liberty to petitioner to make representation to the Competent Authority in District Co-operative Bank, Bageshwar. If petitioner makes such representation within two weeks from today, the Competent Authority shall consider the same and take appropriate decision, in accordance with law within a period of two weeks thereafter.

5. For a period of four weeks or till decision on petitioner's representation, whichever is earlier, no coercive action shall be taken against the petitioner.

6. It is made clear that if petitioner fails to make representation within stipulated time, then she shall not be entitled to protection of this order and the respondent-Bank shall be free to proceed for recovery of the loan, in accordance with law.

(MANOJ KUMAR TIWARI, J.) Shubham