Geeta Devi vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

Petitioner is aggrieved by a recovery citation dated 07.09.2021 issued by Tehsildar, Bageshwar, District Bageshwar for recovery of Rs. 37,076/- + interest + other charges. The said recovery citation has been issued, in view of recovery certificate issued by Sadhan Sahakari Samiti Ltd. (respondent no.3).

Learned counsel for the petitioner has apprised the Court that petitioner had taken loan from Sadhan Sahakari Samiti Ltd. (respondent no.3), in the year 2016, however, due to the pandemic COVID-19 and consequent lockdown, petitioner could not repay the loan in time, therefore, recovery citation has been issued against him. He further submits that petitioner is ready and willing to repay the entire loan, for which he needs some reasonable time for arranging necessary funds. He, therefore, submits that petitioner be permitted to deposit the outstanding amount within 12 months.

Having regard to the willingness shown by the petitioner to repay the entire loan amount, the writ petition is disposed of with the following directions:-

i. Petitioner shall deposit a sum of Rs. 5,000/- with Sadhan Sahakari Samiti Ltd. (respondent no.3) within a period of two weeks from today. Thereafter, the remaining outstanding amount shall be repaid by the petitioner in three equal quarterly instalments. The first instalment would be payable on or before 31.01.2022.

ii. The second instalment would be payable on or before 30.04.2022.

iii. The third instalment would be payable on or before 30.07.2022.

iv. The last instalment shall also carry the component of interest.

Since petitioner would deposit the entire amount directly with Sadhan Sahakari Samiti Ltd. (respondent no.3), therefore, no recovery charges shall be taken from the petitioner. In case of violation of any of the aforesaid conditions, petitioner shall not be entitled to protection of this order and respondent shall be at liberty to proceed against him, in accordance with law.