High CourtsSingle Bench

Om Prakash vs Collector/District Magistrate, Udham Singh Nagar & Others

Uttarakhand High Court · Decided on 16 July 2021 · Citation: (2021) 07 UK CK 0119

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 643 Of 2018
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Judgment

11 paragraphs · 185 words

Manoj Kumar Tiwari, J

1.

Petitioner took a loan from Bank of India, Branch Sitarganj, District Udham Singh Nagar. Since petitioner could not repay the loan in time,

therefore, bank issued a recovery certificate to Tehsildar Sitrganj. Pursuant to the recovery certificate, Tehsildar Sitarganj issued citation for recovery

of ₹7,99,460/- plus interest and other charge. Thus, feeling aggrieved, petitioner has approached this Court.

2.

A coordinate Bench of this Court vide order dated 13.03.2018 had granted protection to the petitioner from recovery proceedings, provided he

deposits a sum of ₹50,000/- with the respondent Bank within two weeks.

3.

Mr. S.K. Mandal, learned counsel appearing for the petitioner submits that the amount indicated in the order dated 13.03.2018 was deposited by the

petitioner. He further submits that a settlement was arrived at between the Bank and the petitioner and petitioner has deposited the entire outstanding

amount, as per settlement. Thus, according to him, writ petition has now become infructuous.

4.

In view of the statement so made by learned counsel for the petitioner, the writ petition is dismissed as infructuous. Interim order dated 13.03.2018

stands vacated.