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2025 DAILYLAW 16203 (UTT)

KAILASH PRASAD v. STATE OF UTTARAKHAND

WPMS/3542/2025 · 2025-12-23

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11537 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PMS 3 5 4 2 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Bhupendra Prasad Singh, Advocate, i/ b Mr. Sunder Dhauni, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. Mr. N.S. Pundir, Advocate, for the respondent no. 2. (2) Petitioner took a loan of rupees three lakhs from Almora District Cooperative Bank in the year 2017. Since there was some default in repayment of loan, therefore, bank issued recovery certificate, pursuant to which Tehsildar, Bageshwar issued a citation for recovery of ₹72,500/- plus other charges. Feeling aggrieved by the recovery citation, petitioner has approached this Court. (3) Learned Counsel for the petitioner submits that petitioner has so far deposited ₹2,50,000/- and he is ready and willing to repay the balance amount, provided some reasonable time is given to him. (4) Mr. N.S. Pundir, learned Counsel appearing for the bank, submits that if petitioner is really serious about repaying the loan, then he can be permitted to show his bona fide by making upfront payment of ₹10,000/- within a month and then he may be permitted to repay the balance amount in ten equal monthly instalments. (5) In view of consensus between the parties, writ petition is disposed of by providing as under: (i) petitioner shall deposit ₹10,000/- with the bank on or before 23.1.2026; (ii) subject to fulfilment of condition no. (i), petitioner shall be permitted to repay the balance amount in ten equal monthly 2025:UHC:11537 instalments with the Branch Manager of the concerned branch; (iii) Recovery charges shall be waived, if petitioner deposits the aforesaid amount directly with the bank without aid and advice of machinery of recovery employed by the State. (6) In case, petitioner fails to abide by any of the aforesaid conditions, bank shall be at liberty to proceed against him, as per law. ( Man oj Ku m ar Tiw ar i, J.) 2 3 .1 2 .2 0 2 5 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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE5 3, cn=PRABODH KUMAR Date: 2025.12.24 10:04:18 +05'30' 2025:UHC:11537