Jagveer Singh vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Petitioner took a loan from Punjab National Bank, Branch Bazpur, District Udham Singh Nagar. Since petitioner could not repay the loan in time,

therefore, Bank issued recovery certificate to Tehsildar Bazpur. Pursuant to the recovery certificate, Tehsildar Bazpur issued citation for recovery of

₹10,24,975/- plus other charges. Thus feeling aggrieved, petitioner has approached this Court.

In para 6 of the writ petition, it has been stated that the recovery citation issued against him is illegal, as the matter was taken up in Lok Adalat and

the dispute between the Bank and the petitioner was settled. In para 7, it has been stated that the entire amount, as per settlement, has been paid and

now nothing more is due to the Bank.

The copy of the settlement deed is enclosed as annexure no. 3 to the writ petition. Based on the said document, Mr. Rashid Husain, learned counsel

for the petitioner submits that as per the settlement, petitioner was liable to pay only ₹5.00 lakh towards full and final settlement of the loan amount

and the said amount has been paid to the Bank.

This submission has not been disputed by Mr. Siddharth Jain, learned counsel appearing for the Bank and he also admits that there is now no

dispute left between petitioner and the Bank.

From the aforesaid discussion, it is apparent that there is no further liability of the petitioner towards the Bank. In such view of the matter, the

impugned recovery citation dated 5.08.2017, issued against the petitioner, is liable to be quashed and is hereby quashed.

Accordingly, writ petition is allowed.