High CourtsSingle Bench

Mayank Anand And Another vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 25 February 2021 · Citation: (2021) 02 UK CK 0086

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 458 Of 2021
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Judgment

14 paragraphs · 250 words

Manoj Kumar Tiwari, J

1.

Father of petitioner no. 1 took a loan for establishing a Rice Mill. Due to financial constraint, the loan could not be repaid in time, therefore, the

Bank has initiated recovery proceedings. In the meantime, father of petitioner no. 1 passed away. By means of this writ petition, petitioner has

challenged the recovery proceedings.

2.

Learned counsel for the petitioners submits that since father of petitioner no. 1 is no more and petitioner no. 1 is a young boy of 20 years, therefore,

he needs sometime for arranging funds so that the loan be repaid. She, therefore, confines her prayer and submits that petitioners may be permitted to

make representation, seeking reasonable time for repayment of the loan, and the Competent Authority in the Bank be directed to take decision

thereupon at the earliest.

3.

Having regard to the eagerness shown by the petitioners to repay the loan, the writ petition is disposed of with liberty to petitioners to make

representation to Competent Authority in the Bank, within one week from today. If such representation is made within stipulated period, the

Competent Authority in the Bank shall consider petitioners’ request and take appropriate decision, in accordance with law, within a period of two

weeks’ from the date of receipt of representation alongwith certified copy of this order.

4.

Till decision is taken on petitioners’ representation, status quo, as of today, shall be maintained.

5.

Let a certified copy of this order be issued today itself.