2025:UHC:10969 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 4 2 5 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Anchit Khokher, Advocate, for the petitioner. Mr. Siddhartha Sah, Advocate, for the respondent no. 1. Mr. Shakti Sourabh, Advocate, i/ b Mr. Sandeep Kothari, Advocate for the respondent no. 2, 3 and 4. Mr. Suyash Pant, Standing Counsel, for the State/ respondent no. 5. (2) Petitioner took a loan of ₹26,50,000/- under a State sponsored scheme, namely, Deen Dayal Upadhyay Grah Awas (Home-Stay) Vikas Yojana, from Canara Bank, Chamba Branch, Tehri Garhwal, in the year 2022. Since there was a default on the part of the petitioner in repayment of the loan, therefore, a possession notice was issued by the bank on 2.12.2025. Thus feeling aggrieved, he has approached this Court seeking the following reliefs: “i. Issue a writ, order or direction in the nature of certiorari, quashing the impugned possession notice dated 02.12.2025 (Annexure No. 3) issued by the respondent bank ii) Issue a writ, order or direction in the nature of mandamus directing the respondent bank to not take any further action under SARFAESI Act. iii) Issue a writ, order or direction in the nature of mandamus directing the respondent bank to provide the petitioner with the amount and details of subsidy provided by tourism department. iv) Issue a writ, order or direction in the nature of mandamus directing the respondent to recalculate the remaining balance loan amount after proper deduction of the subsidy amount v) Issue a writ, order or direction in the nature of mandamus directing the respondent bank to regularise the loan account or to settle the loan account of petitioner by allowing the petitioner to pay all the outstanding loan installments after proper deduction the subsidy amount within a short time keeping in mind the financial condition of the petitioner.” (3) Mr. Manoj Kumar, Divisional Manager, Asset Recovery Branch, New Delhi is connected virtually. He points out that petitioner had also 2025:UHC:10969 availed Cash Credit Limit facility from the bank and the outstanding amount against the petitioner in the said loan account is ₹5.72 lakhs. (4) Learned Counsel for the petitioner submits that petitioner is ready and willing to regularise both the loan accounts. (5) Mr. Manoj Kumar, representative of the bank, submits that if petitioner pays ₹10 lakhs within four weeks from today, then both his loan accounts shall be regularised. He further submits that District Tourism Officer, Tehri has asked the bank to return the amount released by the Tourism Department as subsidy towards Deen Dayal Upadhyay Grah Awas (Home-Stay) Vikas Yojana. (6) Learned Counsel for the petitioner, on instruction from his client, submits that petitioner would pay ₹10 lakhs to the Branch Manager of the concerned branch positively within four weeks from today. (7) In such view of the matter, writ petition is disposed of by providing that if petitioner deposits ₹10 lakhs with the Branch Manager within four weeks from today, then the bank shall consider regularising both the loan accounts of the petitioner. (8) For a period of six weeks or till decision is taken by the bank in the matter, whichever is earlier, the amount of subsidy released by the Tourism Department in favour of the bank shall not be refunded. (9) It is made clear that in case petitioner fails to abide by the aforesaid condition of depositing ₹10 lakhs within the stipulated time, the bank shall be at liberty to proceed against him, as per law. ( Man oj Ku m ar Tiw ar i, J.) 1 0 .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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.10 17:36:58 +05'30' 2025:UHC:10969