2025:UHC:9588 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 0 0 8 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Sumit Joshi, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Ajay Singh Bisht, learned counsel for the respondent-Bank. 4. Petitioner took a loan of ₹9,50,000/- from Bank of India, Branch Kotdwar under Prime Minister’s Employment Generation Programme. Since there was a default in repayment of loan, therefore, a recovery certificate was issued by the Bank. Tehsildar, Kotdwar has issued a citation for recovery of ₹5,63,113/- plus other expenses. Thus, feeling aggrieved, petitioner has approached this Court. 5. Learned counsel for the petitioner submits that petitioner’s father suffered serious burn injuries in which one of his hands was also amputated and due to expenses incurred in the treatment of his father, petitioner was unable to service the loan. He submits that default in payment is not deliberate but owing to circumstances, wholly beyond his control. 6. Learned counsel for the petitioner submitted that petitioner is a law-abiding citizen and he may be permitted to deposit the outstanding dues in twelve equal monthly instalments. 2025:UHC:9588 7. Mr. Ajay Singh Bisht, learned counsel appearing for the Bank submits that he has no objection if petitioner is ready to deposit ₹75,000/- as upfront amount to show his bona fide. 8. Having regard to the willingness shown by petitioner, the writ petition is disposed of with the following directions: - (i) Petitioner shall deposit ₹75,000/- with the respondent - Bank within one month from today. (ii) The remaining amount shall be deposited by the petitioner in eleven equal monthly instalments; the amount whereof shall be fixed by the Bank. (iii) The last instalment shall also carry interest & other charges, if any. (iv) The recovery certificate, issued against petitioner, shall be kept in abeyance for a period of twelve months from today. (v) In case of any default on the part of 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. ( Man oj Ku m ar Tiw ar i, J) 30.10.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08 d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4 610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.10.30 20:14:33 -07'00' 2025:UHC:9588