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2025 DAILYLAW 14841 (UTT)

CHARANJEET SINGH v. STATE OF UTTARAKHAND

WPMS/3405/2025 · 2025-12-09

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10909 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3405/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Vijay Bhatt, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Ms. Seema Sah, learned counsel for the respondent-Bank. 4. Petitioner has challenged auction proceedings initiated by Assistant Collector 1st Class, Khatima in response to recovery certificate issued by Udham Singh Nagar District Co-operative Bank Ltd. (respondent no. 4). 5. Perusal of record reveals that this Court had passed an order on 06.05.2024 in WPMS No. 1152 of 2024, whereby petitioner was permitted to deposit ₹1.60 lakh as upfront amount on or before 31.05.2024 and the remaining amount was permitted to be deposited by him in six equal quarterly instalments. 6. In para 7(iv) of the order dated 06.05.2024, it was mentioned that in case, petitioner commits default in abiding by any of the conditions, mentioned in the order, then he shall not be entitled to any protection and the Bank shall be free to proceed against petitioner, as per law. 7. Since petitioner defaulted in repaying the amount, as per the schedule indicated in the order, 2025:UHC:10909 therefore, Bank has exercised its right available under the law. Thus, there is no scope for interference in the matter. 8. Accordingly, writ petition fails and is dismissed. However, petitioner shall be at liberty to make representation to the Competent Authority. The Bank shall deal with the representation, as per law. (Manoj Kumar Tiwari, J) 09.12.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5853172 6FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.09 04:18:21 -08'00'