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High Court of Uttarakhand · body

2025 DAILYLAW 5171 (UTT)

RAJESH KUMAR v. THE KURMANCHAL NAGAR SAHKARI BANK LTD

WPMS/1070/2025 · 2025-04-16

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No. 1070 of 2025 WPMS No. 1071 of 2025 WPMS No. 1072 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Anchit Khokher, learned counsel for the petitioner. 2. Mr. Siddhartha Sah, learned counsel for the respondent. 3. The Kurmanchal Nagar Sahkari Bank Ltd. advanced three loans to the petitioner. One is the housing loan, other one is the term loan and the third one is the CC limit. 4. There is some default in payment of the instalment, consequently, the bank proceeded under the Securitization Act and take the symbolic possession of the residential house of the petitioner, which was mortgaged with the bank on 07.04.2025. 5. All these petitions are related to these aforesaid three different loans and since the issues are common hence are being decided by this common order. 6. By the instant petition, the petitioner is praying for that some easy instalments may be fixed so that he may clear the entire dues towards the loan as advanced by the bank to the petitioner. 7. Learned counsel Mr. Siddhartha Sah, who appears for the Bank, gives a suggestions in the presence of the officials of the Bank Mr. Xitiz Sah and Ms. Pragati Sanwal, the law officer of the Bank, and submits that if the petitioner is ready to clear the entire loan amount within a period of twelve months subject to this rider that 50 percent of the amount he will deposit within one month then the easy instalments may be fixed for the balance amount. 8. Learned counsel for the petitioner is agreed for the submission as advanced by Mr. Siddhartha Sah. 9. Accordingly, all these petitions are disposed of with the direction that the petitioner will deposit 50 percent of amount within one month from today and the remaining balance amount instalment he will pay by 11 equal instalments. The figure of 11 equal instalments shall be determined by the officials of the bank after deduction of the 50 percent of the amount and will communicate about this to the petitioner within a month so that remaining amount he will clear in the remaining period. 10. It is made clear that if the petitioner make any default in payment of the aforesaid amount, the respondent-Bank is free to proceed as per law. (Rakesh Thapliyal, J.) 16.04.2025 PR