Shailesh Pant vs State Of Uttarakhand & Ors

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

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

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 29.05.2020 issued by the respondent No.2

for a sum of Rs.3,11,366/- + Rs.2,72,250/-(Annexure no.1 to the writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to fix entire amount in simple installment of half yearly.

A Coordinate Bench of this Court had passed an interim order in favour of the petitioner on 05.02.2021, wherein it was provided that if petitioner

deposits 1/4th amount of the recovery citation within two months, the recovery proceedings shall be kept in abeyance.

Shri Deep Joshi, learned counsel appearing for the petitioner submits that petitioner has deposited one-fourth amount within the stipulated time. He

further submits that petitioner be granted some reasonable time to deposit remaining outstanding amount.

Shri Anil Joshi and Shri Alok Dalakoti, learned counsel appearing for the respondent bank submits that they have no objection if some reasonable

time is given to the petitioner to deposit the remaining amount.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with the following directions:

(i) The remaining loan amount shall be deposited by the petitioner in six equal monthly installments to be fixed by the bank. The first installment would

be payable on or before 07.08.2021 and the remaining installments would be payable on or before 7th day of each succeeding month.

(ii) Interest, if any, shall be added in the last installment.

(iii) Subject to fulfillment of aforesaid conditions, recovery proceedings against the petitioner shall be kept in abeyance till 10.01.2022.

(iv) However, it is made clear that in case of default on the part of the petitioner to abide by the aforesaid conditions, he shall not be entitled to

protection of this order and respondents would be free to proceed against him for recovery of the entire amount, in accordance with law.