Uttarakhand High Court
May vs State Of Uttarakhand & Others on 1 May, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:3363-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
Special Appeal No. 891 of 2017
01 May, 2025
JUSTICE SHRI MANOJ KUMAR TIWARI
AND
JUSTICE SHRI VIVEK BHARTI SHARMA
Santokh Singh --Appellant
Versus
State of Uttarakhand & Others --Respondents
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Presence:-
Mr. Shivam Singh Porgail, proxy counsel for Mr. Aamir Malik,
learned counsel for the appellant.
Mr. D. S. Bora, learned Standing Counsel for the State.
Mr. B. M. Pingal, learned counsel for the respondent no.4/Bank.
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JUDGMENT:
(per Shri Manoj Kumar Tiwari, J.)
This intra-court appeal is directed against
judgment and order dated 06.09.2017 passed by
the Hon'ble Single Judge in Writ Petition No. 2430
(M/S) of 2011 'Santokh Singh vs. State of
Uttarakhand & Others'.
2. By the said judgment, writ petition filed
by the petitioner, was disposed of with liberty to
make representation before the respondent-Bank
seeking benefits under the Waiver Scheme framed
by Central Government in the year 2008. Operative
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portion of the impugned judgment is reproduced
below:-
"Petitioner had taken agricultural loan.
However, due to successive failures of
crop, he could not repay the same.
Petitioner has also been given the benefit
under the Waiver Scheme framed by the
Central Government in the year 2008.
Accordingly, the writ petition is
disposed. The petitioner is permitted to
make a representation before the
respondent-Bank seeking benefits under
the aforesaid scheme within a period of
one week. The respondent-Bank is
directed to decide the same within a period
of three weeks thereafter.
Till then, no recovery shall be made
from the petitioner."
3. Feeling aggrieved by the impugned
judgment, writ petitioner has filed this appeal.
4. Learned counsel for appellant contended
that appellant had repaid the entire loan on
03.12.2004 and now nothing remains to be paid by
him. He relied upon a document enclosed as
Annexure no.4 to writ petition, which is a 'No
Objection Certificate' issued by Branch Manager,
Uttarakhand State Co-Operative Bank Limited,
Kashipur Branch.
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5. This Court vide order dated 25.04.2025
directed the Managing Director of the concerned
Bank to file short counter affidavit regarding
averments made in Paragraph no.6 of the writ
petition and also regarding the document, which is
enclosed as Annexure no. 4 to the writ petition.
The Managing Director has filed a short counter
affidavit on 29.04.2025, wherein it is mentioned in
Paragraph no. 3 that document enclosed as
Annexure no. 4 to writ petition, is forged and
fabricated document. It is further mentioned that
petitioner had deposited a sum of `1,00,000/-
(One Lac Rupees) on 23.02.2005 in his loan
account maintained with Kashipur Branch of the
Bank.
6. Mr. B. M. Pingal, learned counsel
appearing for Bank submits that the fact that
appellant had deposited `1,00,000/- in his loan
account in 2005, is sufficient to belie the statement
made on behalf of the appellant that he had repaid
the loan on 03.12.2004. No reply affidavit to the
short counter affidavit has been filed by the
appellant, thus, the statement made by Managing
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Director of the Bank in his affidavit, cannot be
doubted.
7. We find force in the submission made by
learned counsel for the respondent no.4/Bank that
appellant has played fraud upon the Court and
abused judicial process for obtaining wrongful
benefit. We, therefore, dismiss the appeal with cost
of `25,000/- to be deposited by appellant in the
Registry, within two months from today. If cost is
not deposited by appellant within stipulated time,
same shall be recovered through District
Magistrate/Collector, Udham Singh Nagar, as
arrears of loan.
8. Copy of this order be sent to the District
Magistrate/Collector, Udham Singh Nagar for
compliance.
(Vivek Bharti Sharma, J.) (Manoj Kumar Tiwari, J.)
01.05.2025 01.05.2025
SS/Akash
