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Judgment
Hon’ble Mr. Subhash Upadhyay, J.
Present writ petition has been filed for the following reliefs:
“(i)Issue a writ, order or direction in the nature of Certiorari to quash the recovery citation (annexed as Annexure No.2 (page 12 to 13), and the entire proceedings initiated by the respondent no.2 (Tehsildar, Kotdwar) against the petitioner.
(ii)Issue a writ, order or direction in the nature of mandamus commanding the respondent-Bank to allow the petitioner to settle the dues directly with the Bank, either under a One Time Settlement or in affordable monthly installments.”
Learned counsel for the petitioner submits that the petitioner was advanced a Working Capital Loan (CC Limit) of Rs. 3,33,000/- and a Term Loan of Rs. 50,000/-by the respondent-Bank on 27.10.2023.
Learned counsel for the petitioner submits that due to financial constraints and slump in business, the loan account could not be operated smoothly. A Demand Notice dated 18.01.2025 was issued by the Bank, whereby a demand of Rs. 48,978/- towards the term loan and Rs. 3,47,675/- towards the Cash Credit amount was sought.
Learned counsel for the petitioner submits that due to default in payment of installments, a recovery certificate has been issued against the petitioner by the Tehsildar. Learned counsel for the petitioner submits that against the recovery of the outstanding amount and for the purpose of One Time Settlement, an application shall be filed by the petitioner before the respondent no.3 and the said authority may be directed to consider the One Time Settlement application within a stipulated period. Learned counsel for the respondent no. 3 submits that in case petitioner deposits some amount then his application for One Time Settlement shall be considered as per law. The said submission is placed on record.
The petitioner shall deposit an amount of Rs. 75,000/- within a period of 15 days and shall file an application for settlement of the rest amount before the respondent no.3. Whether the balance amount shall be paid on One Time Settlement basis or in installment shall be considered by the respondent no. 3 within a period of one month from the date of submission of application. Till a decision is taken on the said application by the respondent no. 3, no coercive action shall be taken against the petitioner. In case of default of payment of Rs. 75,000/-within the period of 15 days from today, or in absence of any application filed by the petitioner before the respondent no.3, the present order would be of no avail to the petitioner and the respondents would be at liberty to proceed further against the petitioner.
The writ petition stands disposed of.