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Uttarakhand High Court

Smt. Sukhveer Kaur And Another vs Nainital Almora Kshetriya Gramin Bank ... on 16 May, 2018

Equivalent citations: AIRONLINE 2018 UTR 141

Author: Sudhanshu Dhulia

Bench: Sudhanshu Dhulia

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                Writ Petition (M/S) No. 1364 of 2018

Smt. Sukhveer Kaur & another                             ..........Petitioners

                                     Versus

Nainital Almora Kshetriya Gramin Bank, Branch Kashipur,
District Udham Singh Nagar & another

                                                             .......Respondents

Present:- Mr. Aditya Singh, Advocate, for the petitioners.
            Mr. N.S. Pundir, Deputy Advocate General, for the State/respondent
            No.2.
            Mr. Siddhartha Sah, Advocate, for the respondent no.1.


Hon'ble Sudhanshu Dhulia, J. (Oral)

According to the petitioner no.1, her husband had taken a loan from the respondent bank, which he could not repay. Subsequently, a recovery citation dated 24.04.2018 has been issued against the petitioners.

2. Learned counsel for the petitioners has given a statement that if the petitioners are allowed a reasonable time to repay the loan, they are willing to repay the entire loan amount. According to the bank, the entire outstanding loan of the petitioners as of now is Rs.10,45,577/- (Rupees Ten Lakh Forty Five Thousand Five Hundred Seventy seven) and the Bank is willing to take the amount in installments.

3. With the consent of all the parties, the matter stands disposed with the following directions:-

In case the petitioners deposit an amount of Rs.2,00,000/- (Rupees Two Lakh Only) with the bank on or before 18.05.2018, the respondent-bank would 2 then recover the remaining amount from the petitioners in twelve equal monthly installments spreading over a period of one year or as fixed by the mutual settlement between the parties. It is made clear that recovery shall not include recovery charges.

4. It is directed that the last installment shall also carry cumulative interest. It is further made clear that in default of any single payment of installment, the Bank shall be at liberty to initiate fresh process for recovery.

(Sudhanshu Dhulia, J.) 16.05.2018 Nitesh/