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Vipul Sah vs District Magistrate & Others

Uttarakhand High Court · Decided on 5 January 2022 · Citation: (2022) 01 UK CK 0018

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 1 Of 2022
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Judgment

19 paragraphs · 321 words

Manoj Kumar Tiwari, J

1.

Petitioner is a borrower, who is facing recovery proceedings. By means of this writ petition, petitioner has challenged recovery citation issued by

Tehsildar, Bageshwar for recovery of a sum of Rs. 3,00,000/- + other expenses/charges.

2.

Learned counsel for the petitioner submits that petitioner had applied for loan under Pradhan Mantri Rojgar Yojna and he was sanctioned a loan of

Rs. 2,00,000/-. He further submits petitioner was regularly depositing the installments, however, due to lockdown imposed due to COVID-19

Pandemic, there has been default in re-payment of the loan, consequently, respondent-Bank has issued recovery certificate. Learned counsel for the

petitioner further submits that petitioner is ready and willing to re-pay the entire outstanding amount and he prays that petitioner may be permitted to

deposit the outstanding amount in easy installments.

3.

Learned counsel for the respondent-Bank submits that, having regard to the willingness shown by the petitioner to re-pay the entire outstanding

amount, some reasonable time may be given to the petitioner.

4.

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

(i) Petitioner shall deposit 25% of the outstanding amount on or before 04.02.2022.

(ii) The remaining amount shall be paid by the petitioner in three quarterly installments, out of which, first installment shall be payable by 01.04.2022.

(iii) Second installment shall be payable by 01.07.2022 and third installment shall be payable by 01.10.2022. Last installment shall carry interest.

(iv) As petitioner would be directly depositing the outstanding amount with the respondent-Bank, without help of Tehsil authorities, therefore, recovery

charges shall be waived off.

(v) No coercive steps shall be taken against the petitioner till 01.10.2022.

(vi) 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, pursuant to the impugned recovery certificate.