Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 1872 (UTT)

MS ABHA INDUSTRIES v. STATE OF UTTARAKHAND

WPMS/769/2026 · 2026-04-06

Pankaj Purohit

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:2390 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 769 of 2026 06 April, 2026 Ms Abha Industries --Petitioner Versus State of Uttarakhand & another --Respondents ---------------------------------------------------------------------- Presence:- Mr. D.N. Sharma, learned counsel for the petitioner. Mr. Maneesh Bisht, learned Brief Holder for the State. Ms. Devika Tiwari, learned counsel for respondent no.2-Bank. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. This writ petition has been filed by the petitioner- Borrower for quashing the letter/notice dated 12.03.2026 issued by respondent no.2 pursuant to the order passed by District Magistrate, under Section 14 of the SARFAESI Act, 2002 (annexure-7 to the writ petition). 2. It is contended by learned counsel for the respondent no.2-Bank that the possession of the secured asset has already handed over to the respondent no.2-Bank on 25.03.2026. 3. So far as prayer no.(i) is concerned, the same has rendered infructuous as letter/notice dated 12.03.2026 has already been acted upon. 4. Now, petitioner has showed his willingness to make payment of the outstanding amount i.e. Rs.27,76,956/- to respondent no.-2 Bank, if some time is granted to the petitioner to deposit the same. 5. At this, learned counsel for respondent no.2-Bank fairly submitted that there is a One Time Settlement Scheme 2026:UHC:2390 2 with the Bank, in which, borrower is required to deposit 25% of the outstanding amount immediately and rest of amount in three months. 6. In view of the aforesaid submission made by learned counsel for the parties, this Court is inclined to give some time to the petitioner to make the payment of the outstanding amount to the respondent no.2-Bank in easy installments, in the following terms as under:- A. Petitioner shall deposit 25% of the outstanding amount (₹27,76,956/-) i.e. ₹6,94,239/- within ten days from today i.e. on or before 16.04.2026. B. The rest of the amount i.e. ₹20,82,717/- shall be paid by the petitioner in four equal installments of ₹5,20,679.25/- within six months from 16.04.2026. C. The next installment shall be paid by the petitioner on or before 31.05.2026. The subsequent installments shall be paid on or before 15.07.2026, 29.08.2026, and 16.10.2026, respectively. D. The last-sixth installment shall carry the entire balance including interest, if any. E. If the petitioner fails to deposit any of the installments, as directed hereinabove, the respondent no.2-Bank shall be at liberty to proceed, in accordance with law. 7. With the aforesaid observations, the writ petition stands disposed of accordingly. (Pankaj Purohit, J.) 06.04.2026 AK