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2025 DAILYLAW 15468 (UTT)

AFATAB HUSAIN v. STATE OF UTTARAKHAND

WPMS/2988/2025 · 2025-10-28

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9462 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2988/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Ajeet Kumar Yadav, Advocate for the petitioner. 2. Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand / respondent nos. 1 & 2. 3. Mr. Siddhartha Jain, Advocate for respondent no. 3. 4. Petitioner took a loan under a State Sponsored Scheme of `8,00,000/- from Punjab National Bank, Branch Bageshwar. Since there was default in repayment of the loan, therefore, the bank has issued a recovery certificate and Tehsildar, Garur, District Bageshwar has issued a citation for recovery of `7,44,000/- with other expenses. Thus, feeling aggrieved, petitioner has approached this Court. 5. Learned counsel for the petitioner submits that due to family problems, petitioner could not repay the loan in time. He submits that petitioner is ready and willing to liquidate the loan and all he wants is some reasonable time for repayment of the outstanding dues. 6. Mr. Siddhartha Jain, learned counsel appearing for the bank submits that if petitioner deposits `1,00,000/- upfront to show his bonafide, then his request for repayment of the balance amount in instalments can be considered. 7. The writ petition is, accordingly, disposed of with the following directions:- 2025:UHC:9462 i. Petitioner shall deposit a sum of `1,00,000/- with the Branch Manager of the concerned Branch on or before 26.11.2025. Subject to fulfilment of said condition, petitioner shall be permitted to repay the remaining amount in eleven monthly installments and the Branch Manager shall fix the schedule for deposit of such monthly installments. The last installment shall also carry the component of interest. ii. In case of any default on the part of the petitioner, the respondents shall be at liberty to proceed against him, as per law. (Manoj Kumar Tiwari, J.) 28.10.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb904 6f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103 819DA875643AF56D653D095C6ED9A86DAAB 21CE5, cn=NAVEEN CHANDRA Date: 2025.10.28 17:30:58 +05'30'