Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPMS/ 3008/ 2025

Hon’ble Manoj Kumar Tiwari, J

1. Mr. Sumit Joshi, learned counsel for

the petitioner.

2. Mr. Suyash Pant, learned Standing

Counsel for the State of Uttarakhand.

3. Mr. Ajay Singh Bisht, learned

counsel for the respondent-Bank.

4. Petitioner took a loan of ₹9,50,000/- from Bank of India, Branch Kotdwar under Prime Minister’s Employment Generation Programme. Since there was a default in repayment of loan, therefore, a recovery certificate was issued by the Bank. Tehsildar, Kotdwar has issued a citation for recovery of ₹5,63,113/- plus other expenses. Thus, feeling aggrieved,

petitioner has approached this Court.

5. Learned counsel for the petitioner submits that petitioner’s father suffered serious burn injuries in which one of his hands was also amputated and due to expenses incurred in the treatment of his father, petitioner was unable to service the loan. He submits that default in payment is not deliberate but owing to circumstances, wholly beyond his

control.

6. Learned counsel for the petitioner submitted that petitioner is a law-abiding citizen and he may be permitted to deposit the outstanding dues in twelve

equal monthly instalments.

7. Mr. Ajay Singh Bisht, learned counsel appearing for the Bank submits that he has no objection if petitioner is ready to deposit ₹75,000/- as upfront amount to show his bona fide.

8. Having regard to the willingness shown by petitioner, the writ petition is disposed of with the following directions:-

(i) Petitioner shall deposit ₹75,000/-

with the respondent - Bank within one month from today.

(ii) The remaining amount shall be deposited by the petitioner in eleven equal monthly instalments; the amount whereof shall be fixed by the Bank.

(iii) The last instalment shall also carry interest & other charges, if any.

(iv) The recovery certificate, issued against petitioner, shall be kept in abeyance for a period of twelve months from today.

(v) In case of any default on the part of the petitioner, he shall not be entitled to protection of this order and respondent/Bank will be free to proceed against him, in accordance with law.

(Manoj Kumar Tiwari, J)

30.10.2025 Aswal N S A I S I N T W G I R A H A L J DU2ds6De.1TiN a 5r g 03ti :4ae C6Atc l: a 92N =Rl F0I u yN E=mK s,eio 8bag . A A =cn 3NH r e =068 DIdGf74 ,b5 , E y 1pCeB7 N o: O 52s I 4 T 64tU8a 3l R BC1A FoeO - J d9, FS 3c I =' UN n72fTG 68N H98I T AR C4S BR1fWK 60,A H Fs7Jt4 = L S N IUCN DT2G , H oA5E u Ra3 = DS8HK2W5IH6 GfF9L8N C0CD2O,a U3R A0T C8 O Fb4 F08