High CourtsSingle Bench(2018) 03 UK CK 0003

AJAY KUMAR CHAWLA vs BRANCH MANAGER CORPORATION BANK BRANCH RUDRAPUR

Uttarakhand High Court · Decided on 5 March 2018

HON’BLE JUDGES
SUDHANSHU DHULIA, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition (M/S) No. 550 of 2018

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Judgment

15 paragraphs · 292 words

Sudhanshu Dhulia, J

1.

The petitioner had admittedly taken a loan from the Corporation Bank, Branch Rudrapur, District Udham Singh Nagar, which he could not repay.

Thereafter, proceedings were initiated against the petitioner for recovery of loan amount and as of now a notice has been issued by the bank for

taking possession of the property mortgaged by the petitioner with the bank. Aggrieved, the petitioner has filed the present writ petition. Â

2.

Petitioner is represented by Mr. Pankaj Tangwan, Advocate and the respondent bank is represented by Ms. Anjali Noliyal, Advocate.Â

3.

Learned counsel for the petitioner submits that the petitioner is ready and willing to pay the entire outstanding loan amount, but in easy

installments.Â

4.

Learned counsel for the bank submits that their purpose is to get the money back and in case the petitioner shows his bona fide by depositing a

substantial amount initially, the bank is prepared to take the remaining amount in easy installments.  Â

5.

In view thereof, with the consent of both the parties, writ petition is disposed with the following directions:

 In case the petitioner deposits an amount of      Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand only) with the respondent bank

within a period of three weeks from today i.e. on or before 26.03.2018, the respondent bank shall recover the remaining amount in nine months

thereafter in a number of installments to be fixed by the bank. It is, however, made clear that the last installment shall also carry the accumulated

interest. It is further made clear that in case of any single default by the petitioner in making payment, the respondent bank shall be at liberty to initiate

fresh recovery proceedings against the petitioner.