Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1523 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS No. 3483 of 2022 Hon’ble Rakesh Thapliyal, J.
1. Mr. Sunder Dhauni, learned counsel for the petitioner.
2. Mr. C.S. Rawat, learned C.S.C. for the State.
3. Mr. Siddhartha Sah, learned counsel for the respondent.
4. The petitioner is challenging the recovery citation no. 075126 dated 07.05.2022 on this basis that the petitioner is agreed to pay the entire amount to the bank i.e. Almora Urban Bank Ltd., Almora, however, the easy instalment be fixed by waiving of the recovery charges.
5. While entertaining this petition the petitioner was directed to deposit a sum of Rs. 25,000/- with the respondent no. 3 and in the meantime the recovery citation was kept in abeyance.
6. Mr. Siddhartha Sah, learned counsel who appears for respondent no. 3- Bank on instructions informed to this court that if the petitioner is ready to pay the entire money then the easy instalment be fixed, but the petitioner has to deposit entire amount with interest by equal instalment within a period of six months.
7.
Learned counsel for the petitioner is agreed that the petitioner will pay the entire outstanding amount including the interest and legal expenses, which almost comes to Rs. 2 lakh 10 thousand approximately within a period of six months by adjusting the amount, which he has already paid pursuant to the order dated 07.01.2023.
8. Mr. C.S. Rawat, learned Chief Standing Counsel submits that the petitioner has to pay the recovery charges since the recovery citation has been issued, however, in view of the financial constraints which the petitioner is facing the recovery charges are waived off. However, the same shall not be treated as a precedent in other cases.
9. Consequently, the present writ petition is
disposed of finally with a direction to the
2025:UHC:1523 petitioner that he will approach to the bank within a week so that the bank may fix equal instalment of six months and after fixing the instalment the petitioner shall deposit the entire amount strictly as per the instalment as fixed by the bank within a period of six months, failing which the bank shall proceed to recover the amount as per law.
(Rakesh Thapliyal, J.) 05.03.2025 PR