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Judgment
Manoj Kumar Tiwari, J
Petitioner took a loan from Sadhan Co-operative Committee Dharchula. Since petitioner defaulted in re-payment of loan, therefore, proceedings for
recovery were initiated against him. The respondent no.1 has now issued a recovery certificate, pursuant to which, Tehsildar Pithoragarh has issued
recovery citation for recovery of Rs. 1,28,437/- + interest + other expenses. Thus, feeling aggrieved, petitioner has approached this Court, seeking
following relief:
“(i) A writ, order or direction in nature of certiorari to quash the certificate i.e. (part of Annexure no. 3) issued by respondent no. 4 as well as the
recovery citation dated 28-06-2019 i.e. Annexure no. 4 passed by the Tehsildar, Pithoragarh on behalf of the respondent no. 5 against the petitioner
for the amount of Rs. 105437.2/-.â€
A Co-ordinate Bench of this Court, vide order dated 02.11.2019, passed the interim order. Operative portion of the order dated 02.11.2019 is
reproduced below:
“5. Till the next date of listing, the operation and effect of the recovery citation dated 28.06.2019 shall remain stayed.
Three weeks’ time is granted to the respondents to file counter affidavit.
List this matter after three weeks in the daily cause list.
Interim relief application (CLMA No.14740 of 2019) stands disposed.â€
Since petitioner has taken loan and has defaulted in its repayment, therefore, there is no scope for judicial interference in the matter.
Mr. B.M. Pingal, learned counsel for respondent no. 1 submits that he has no objection, if some reasonable time is given to the petitioner for
repayment of the loan amount.
Having regard to the facts and circumstances of the case, the writ petition is disposed of with the following directions:
(i) Petitioner shall approach the respondent authorities by making representation. Along with representation, petitioner shall also deposit a sum of Rs.
25,000/- with the respondent within three weeks from today in order to show his bonafide.
(ii) If petitioner makes such representation and also deposits Rs. 25,000/- within stipulated time, then the remaining amount shall be repaid by the
petitioner in six equal installments spread over a period of nine months.
(iii) It is further made clear that last installment shall carry interest.
In the event, petitioner fails to make representation along with aforesaid amount within the stipulated time, then he shall not be entitled to protection
of this order and respondent will be free to proceed against the petitioner, in accordance with law.