Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4628 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1582/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Lokendra Dobhal,
learned counsel for the petitioner.
2. Mr. D.S. Bora, learned Standing Counsel for the State of Uttarakhand.
3. By means of this writ petition, petitioner has sought the following relief:-
(i) Issue a Writ, Order or direction in the nature of mandamus to give 6 Months time to the petitioner to pay Rs. 16,00,000/- in instalments to Respondent NO. 3 and direct the Civil Judge (SD), Rudyaprayag to not proceed with the execution Case No. 3 of 2024 “Manoj Makhanwal Vs. Dalbir Lal Kumola” under order 21 Rule 11 CPC for 6 months.
4. It is not in dispute that proceedings, under Section 138 of Negotiable Instruments Act, were drawn against the petitioner, as the cheques, issued by him in favour of respondent no. 3, were dishonoured. During pendency of those proceedings, petitioner entered into compromise with respondent no. 3 and in terms of the compromise, he offered the money to another cheque.
5. It appears that the cheque, through which the money was offered in terms of compromise, was also dishonoured. Now, the matter is before the Executing Court.
6.
Learned counsel for the petitioner submits that petitioner be permitted to repay the loan in instalments.
2025:UHC:4628
7. This Court is not inclined to interfere in the matter, in view of the conduct of the petitioner.
8. Accordingly, the writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J)
06.06.2025 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=eacc6757ee7881e933ff8934f07477005aa85f980 2a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C 22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.06.06 04:14:34 -07'00'