Mukesh Chandra Pandey vs State Of Uttarakhand And Others

Raghvendra Singh Chauhan, CJ

The appellant has challenged the legality of the order, dated 21.08.2021, passed by the learned Single Judge in Writ Petition (M/S) No. 1638 of 2021, whereby the learned Single Judge has dismissed the writ petition ostensibly on the ground that the present writ petition happens to be a second writ petition on the same cause of action, on which the earlier writ petition was filed.

Briefly, the facts of the case are that the appellant happens to be a poor farmer, who is a resident of Village-Aambagh, Tanakpur, District Champawat. He ekes out his livelihood by carrying out agricultural works. In order to boost-up his income and to increase his agricultural products, the appellant had borrowed a sum of Rs. 15 Lacs from the Almora Urban Cooperative Bank Ltd., the respondent No. 3. The said loan amount entitled him to purchase sufficient cattle feed and poultry feed, and other agricultural products. Till date, he claims that he has repaid an amount of Rs. 13,93,279/-. But despite the best efforts of the appellant to repay the regular installments, he could not succeed in his endeavour. Therefore, on 28.12.2019 a Recovery Certificate was issued against the appellant by the Tehsildar, Sri Purnagiri, Tanakpur, District Champawat, the respondent No. 2.

Since the appellant was aggrieved by the Recovery Certificate dated 28.12.2019, he filed a writ petition, namely, Writ Petition (M/S) No. 141 of 2020 before this Court. By order dated 18.02.2020, the learned Single Judge permitted the appellant to deposit the loan amount in installments after depositing an upfront amount of Rs. 70,000/- with the Bank within a period of six weeks from the date of the order. But considering the fact that immediately thereafter the pandemic struck the country, and considering the fact that the economy nose dived, the appellant could not repay the loan as directed by the learned Single Judge. Therefore, the respondent No. 2 issued another Recovery Certificate dated 13.07.2021 for recovery of an amount of Rs. 10,50,010.04 from the appellant. Since the appellant was aggrieved by the Recovery Certificate dated 13.07.2021, he filed the present writ petition before the learned Single Judge. However, as mentioned hereinabove, the learned Single Judge dismissed the writ petition by order dated 21.08.2021. Hence, the present Special Appeal before this Court.

The learned counsel for the appellant has frankly conceded that the present writ petition was a mercy petition before the Court. Considering the fact that the entire country is facing a crisis in the shape of Covid-19 pandemic, the learned counsel for the appellant submits that the appellant is not in a position to repay the huge amount of Rs. 1,50,010.04 in one installment. Therefore, the appellant prays that notwithstanding his earlier defaults, he should be given a chance to repay the loan amount in easy installments to respondent No. 3.

This Court had asked the learned counsel for the Bank, whether the Bank would be willing to permit the appellant to deposit the loan amount in easy installments or not?. After getting instructions from the Bank, Ms. Pooja Tiwari, the learned counsel for the Bank, informs this Court that firstly the Bank would like the appellant to prove his bona fide by depositing a substantial amount, i.e. at least Rs. 5 Lacs as an upfront payment of the loan amount. In case, the said amount is paid within a period of one month, the Bank would be willing to permit the appellant to deposit the remaining loan amount, in equal installments, over a period of one year. However, the Bank also proposes that in case there is any default by the appellant in repayment of the loan amount, the Bank should be given the liberty to pursue the legal remedies available to it.

To this proposal, the learned counsel for the appellant submits that the appellant is willing to abide by any direction of this Court and would faithfully follow the same.

Therefore, this Court directs the appellant to deposit Rs. 5 Lacs on or before 05.11.2021 and to deposit the remaining amount, including the interest and other miscellaneous expenses, in twelve equal installments in between 05.11.2021 and 04.11.2022. The amount of interest and the miscellaneous expenses shall be calculated by the Bank, and informed to the appellant at the earliest.

It is, hereby, made abundantly clear that in case the appellant were to default in repayment of the loan amount, the Bank shall be free to pursue the legal remedies available to it against the appellant.

With these directions, the present Special Appeal stands disposed-of.