Mohammad Sarwaryar Khan vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

By means of this writ petition, petitioner has sought following relief:-

(i) Issue a writ order or direction in the nature of certiorari to quash the impugned recovery citation dated 28.04.2017 issued by the respondent no. 2,

whereby the petitioner has been directed to pay a sum of Rs. 27,65,171/- only (Rs. Twenty Seven Lac, Sixty Five Thousand, One Hundred, Seventy

One) along with the interest @ of 13.20 per annum.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive measure against the petitioner with

respect to the aforesaid recovery citation and alternatively to accept the aforesaid loan amount in equal and easy instalments as will be fixed by this

Hon’ble court in the facts and circumstances of the present case.

Mr. M.K. Ray, learned counsel for the petitioner submits that petitioner has entered into One Time Settlement with the Bank of India, Branch

Rudrapur, District Udham Singh Nagar. He further submits that petitioner has deposited ₹5.00 lakh with the Bank in terms of order dated 14.03.2018

passed by this Court and thereafter, remaining amount has to be deposited by the petitioner upto March, 2022, in terms of the One Time Settlement.

Mr. M.K. Ray, learned counsel appearing for the petitioner submits that in view of the One Time Settlement arrived at between the petitioner and

the Bank, the writ petition has become infructuous.

Accordingly, the writ petition is dismissed as infructuous. Interim order, if any, stands vacated.