WPMS/2473/2021
2021 Latest Caselaw 4753 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. 2473 of 2021

BETWEEN:

Meera Rautela.                               ..........Petitioner
      (By Mr. Kartikey Maulekhi, Advocate)

AND:
State of Uttarakhand & others.               ....Respondents
      (By Mr. Anil Dabral, Additional Chief Standing Counsel for
      the State of Uttarakhand. )


                       JUDGMENT

Petitioner took a loan of Rs. 1,00,000/- from Sadhan Sahkari Samiti, Chani Khakar, Post Office Kafligair, District Bageshwar.

2. Since petitioner could not repay the loan in time, therefore, a recovery certificate was issued against her. In this writ petition, petitioner has challenged the recovery citation issued by Tehsildar Bageshwar for recovery of Rs. 1,08,927/-+ recovery & other charges.

3. Learned counsel for the petitioner submits that petitioner is ready and willing to re-pay the loan and all she wants is some reasonable time for repayment of the loan.

4. Having regard to the willingness shown by the petitioner to re-pay the loan, the writ petition is disposed of with the following directions:

(i) Petitioner shall deposit a sum of ` 15,000/- with the concerned Cooperative Society, within three weeks from today.

(ii) The remaining amount shall be deposited by the petitioner in three equal quarterly installments, to be fixed by concerned Cooperative Society. Last installment shall carry the accumulated interest.

(iii) Since petitioner would be directly depositing the amount to the Cooperative Society concerned, therefore, no recovery charges shall be levied upon her.

(iv) In case of any default, in abiding any of the aforesaid conditions, petitioner shall not be entitled to protection of this order and the Society concerned shall be at liberty to proceed against the petitioner, in accordance with law.

5. Let a certified copy of this order be issued within 24 hours.

(MANOJ KUMAR TIWARI, J.) Navin