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Tara Chandra Singh Mehta vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 9 July 2021 · Citation: (2021) 07 UK CK 0051

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 1248 Of 2021
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Judgment

19 paragraphs · 321 words

Manoj Kumar Tiwari, J

1.

Petitioner took a loan from Uttarakhand Gramin Bank, Branch Harsila, District Bageshwar. Since, he could not re-pay the loan in time, therefore,

the respondent-Bank has issued a recovery certificate. In this writ petition, petitioner has challenged the recovery citation dated 22.04.2021 issued

against him.

2.

Learned counsel for the petitioner submits that petitioner is ready and willing to re-pay the outstanding amount at the earliest, therefore, some

reasonable time be given to the petitioner for re-payment of the loan amount, as due to lockdown, his business came to a grinding halt.

3.

Learned counsel for the respondent-Bank submits that outstanding liability of the petitioner is about Rs. 4,00,000/-. He, however, submits that he has

no objection, if reasonable time is given to the petitioner to deposit the amount.

4.

In view of the readiness shown by the petitioner to re-pay the loan and also in view of the consent given by the learned counsel appearing for the

respondent-Bank, the writ petition is disposed of with the following directions:

(i) Petitioner shall approach the bank authorities by making representation within a period of four weeks from today.

(ii) If petitioner makes such representation within the stipulated period alongwith upfront deposit of Rs. 80,000/- to show his bonafide, then the

respondent-Bank shall inform the petitioner, within four days from date of receipt of representation alongwith certified copy of this order, about the

exact amount, which he is liable to re-pay.

(iii) Petitioner shall repay the remaining outstanding amount in nine monthly equal installments to be decided by the bank. Last installment shall carry

interest.

(iv) No coercive steps shall be taken against the petitioner for a period of nine months, pursuant to the impugned recovery citation.

(v) In case of any default by the petitioner, he shall not be entitled to protection of this order and respondent/Bank will be free to proceed against him,

in accordance with law.