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2025 DAILYLAW 11365 (UTT)

DEEPAK RAWAT v. UTTARAKHAND GRAMIN BANK

WPMS/2695/2025 · 2025-09-17

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8291 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 2695/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. B.S. Koranga, Advocate, for the petitioner. Mr. M.S. Rawat, Advocate, for the respondent bank. Mr. Narayan Dutt, Standing Counsel, for the State. (2) Petitioner took two loans, one term loan and another business loan, from Uttarakhand Gramin Bank, Kotdwar Branch, District Pauri Garhwal. Since he could not repay the loan, therefore, proceedings for recovery of outstanding dues have been initiated. By means of this writ petition, petitioner has sought the following reliefs: “i. to issue a writ, order or direction in the nature of certiorari quashing the recovery certificate dt.4.8.2025 (Annexure No. 2) issued by the respondent No. 1 as well as the Citation to appear dated 21.8.2025 (Annexure No. 3) issued by the respondent No. 3 against the petitioner for recovery of Rs. 7,47,887/- + 10% collection charges. ii. to issue a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive measures against the petitioner in pursuance to the recovery certificate and citation (Annexure No. 2 & 3). iii. to issue a writ, order or direction in the nature of mandamus directing the respondent/Bank to permit the petitioner to deposit the loan amount in the Bank in monthly instalment.” (3) Learned Counsel for the petitioner 2025:UHC:8291 submits that petitioner is ready and willing to repay the entire outstanding dues, therefore he may be permitted to make a representation to the competent authority. (4) Mr. M.S. Rawat, learned Counsel appearing for the bank, submits that if petitioner makes representation to the competent authority seeking some reasonable time for liquidating the loan, the competent authority shall consider petitioner’s request. (5) Accordingly, the writ petition is disposed of by permitting the petitioner to make representation to the Regional Manager of the bank. If petitioner makes such representation within one week from today, the competent authority shall consider petitioner’s request and pass necessary orders, as per law, within three weeks thereafter. Petitioner shall also deposit a sum of ₹75,000/- along with the representation to show his bona fide. (Manoj Kumar Tiwari, J.) 17.9.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.09.17 17:59:26 +05'30' 2025:UHC:8291