WPMS/650/2025
2025 Latest Caselaw 2463 UK

Uttarakhand High Court

WPMS/650/2025 on 21 March, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                             2025:UHC:2074
               Office Not es,
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      Dat e    or direct ions                                   COURT'S OR JUDGE'S ORDERS
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                                  U   W PM S/ 6 5 0 / 2 0 2 5
                                  U   Hon'ble Manoj Kumar Tiwari, J.

Mr. Hem Chandra Joshi, Advocate for the petitioner.

Mr. Yogesh Chandra Tiwari, Standing Counsel for the State of Uttarakhand.

Mr. Ashish Joshi, Advocate for respondent Nos. 2 & 3.

2. Petitioner took education loan of Rs. 4,00,000/- (Rupees Four Lakh Only) from Punjab National Bank in the year 2007.

3. Since petitioner defaulted in repayment of loan, therefore, Bank filed a suit for recovery which was decreed by learned trial Court vide judgment dated 05.10.2023.

4. The decree has been put to execution. Executing Court passed an order dated 12.12.2024, directing issuance of process under Order 21 Rule 38 of CPC. Thus, feeling aggrieved, petitioner has approached this Court.

5. There is no infirmity in the order passed by Executing Court. Since petitioner had taken loan in 2007, which has not been repaid so far and even after the decree passed by trial Court, therefore, learned Executing Court was justified in issuing process for enforcing the decree passed by trial Court. Thus there is no scope for interference.

6. The Writ Petition fails and is dismissed.

(Manoj Kumar Tiwari, J.) 21.03.2025 Mahinder/ 2025:UHC:2074