Disposed

Kailash Chandra v. District Magistrate Bageshwar

Uttarakhand HC2 Nov 2022WPMS/2687/2022

Case brief

AI extract

What is this about?

In WPMS No. 2687 of 2022, the High Court disposed of a writ petition seeking quashing of a bank recovery citation. The court granted liberty to approach the bank for restructuring/OTS with an up-front deposit and directed the recovery citation to be kept in abeyance until a decision is taken within 21 days.

What did the court decide?

Liberty to approach bank for OTS re-phasement; recovery citation kept in abeyance pending decision within 21 days.

SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			WPMS No. 2687 of 2022 Shri S.K.Mishra, J. Mr. Saurabh Kumar Pandey, learned counsel for the writ petitioner. Mr. Ganga Singh Negi, learned Brief Holder for the State. By filing this writ application, the writ applicant has prayed for the following reliefs: (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 28.7.2022 (Anneuxre-1) issued by the respondent no.2. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to adopt any coercive measures against the petitioner in pursuance of recovery citation dated 28.07.2022 (annexure-1) issued by the respondent no.2. (iii) Issue a writ, order or direction in the nature of mandamus directing the respondents either to fix the installment against the recovery citation without demanding any recovery charges. (iv) Any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. (v) Award cost of the petition. Learned counsel for the petitioner would submit that he may be given an opportunity to repay the amount outstanding against him by restructuring the same as one time settlement.

SL.
No

Date

Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

WPMS No. 2687 of 2022
Shri S.K.Mishra, J.
Mr. Saurabh Kumar Pandey, learned
counsel for the writ petitioner.
Mr. Ganga Singh Negi, learned Brief
Holder for the State.
By filing this writ application, the
writ applicant has prayed for the following
reliefs:
(i)
Issue a writ, order or direction in the
nature of certiorari quashing the
impugned recovery citation dated
28.7.2022 (Anneuxre-1) issued by the
respondent no.2.
(ii)
Issue a writ, order or direction in the
nature of mandamus directing the
respondents not to adopt any coercive
measures against the petitioner in
pursuance of recovery citation dated
28.07.2022 (annexure-1) issued by
the respondent no.2.
(iii)
Issue a writ, order or direction in the
nature of mandamus directing the
respondents
either
to
fix
the
installment
against
the
recovery
citation
without
demanding
any
recovery charges.
(iv)
Any other order or direction which
this Hon’ble Court may deem fit and
proper in the circumstances of the
case.
(v)
Award cost of the petition.
Learned counsel for the petitioner
would submit that he may be given an
opportunity
to
repay
the
amount
outstanding against him by restructuring
the same as one time settlement.

The petitioner is interested to
liquidate the Non-Performing Assets, hence, the writ petition is disposed of with liberty to the petitioner to file an appropriate application before the respondent Bank i.e. respondent no. 3 for re-phasement/One Time Settlement of the Non-Performing Account, declared by the opposite party, along with the up-front deposit of Rs. 10,000/- within a period of 10 days hence along with certified copy of this order and an application. On such an event, the Bank Authorities shall consider the case of the petitioner after affording reasonable opportunity of hearing to the petitioner and dispose of the same as per Rules guiding the field within a period of 21 days from filing of the representation before the respondents. Till a decision is taken by the respondents, the recovery citation shall be kept in abeyance. (S.K.Mishra, J.) 02.11.2022 (Grant urgent copy of this order as per Rules) Kaushal

The
petitioner
is
interested
to

liquidate
the
Non-Performing
Assets,
hence, the writ petition is disposed of with
liberty
to
the
petitioner
to
file
an
appropriate
application
before
the
respondent Bank i.e. respondent no. 3 for
re-phasement/One Time Settlement of the
Non-Performing Account, declared by the
opposite party, along with the up-front
deposit of Rs. 10,000/- within a period of
10 days hence along with certified copy of
this order and an application.
On
such
an
event,
the
Bank
Authorities shall consider the case of the
petitioner
after
affording
reasonable
opportunity of hearing to the petitioner
and dispose of the same as per Rules
guiding the field within a period of 21
days from filing of the representation
before the respondents.
Till a decision is taken by the
respondents, the recovery citation shall
be kept in abeyance.
(S.K.Mishra, J.)
02.11.2022
(Grant urgent copy of this order as per Rules)

Kaushal

Kailash Chandra v. District Magistrate Bageshwar

Case brief

What is this about?

What did the court decide?

Kailash Chandra v. District Magistrate Bageshwar

Case brief

What is this about?

What did the court decide?

What the court decided

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