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2025 Supreme(Online)(UK) 972294

HIGH COURT OF UTTARAKHAND
GAURAV CHAUDHARY – Appellant
Versus
DISTRICT MAGISTRATE PAURI GARHWAL – Respondent


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

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