ABHISHEK SUKHIJA Vs. COLLECTOR DISTRICT UDHAM SINGH NAGAR

JUDGEMENT

(1.) THIS writ petition has been filed to issue a writ, order or direction in the nature of certiorari to quash the Recovery Notice/citation issued on 8-1-2008 by the respondent no. 2 (Annexure No. 2 ). The petitioner has further prayed for a writ of mandamus commanding the respondent no. 3 to recover the balance loan amount from the petitioner in easy instalments.

(2.) ACCORDING to the petitioner, he started to run a retail business of glass retail store in Gadarpur (Udham Singh Nagar) after obtaining loan of Rs. 1,00,000/- from the respondent no. 3 Bank under the Pradhan Mantri Rojgar Yojna in the month of January 2006 and the petitioner opened the glass shop in the name and style of Honey Glass Store. Unfortunately, the petitioner could not succeed in his business and suffered loss and ultimately he was compelled to wind up the said business. The petitioner could not repay the loan amount due to collapse of his business with the result that the recovery notice/citation for recovery of Rs. 64,228/- plus other charges was issued against the petitioner by respondent no. 2 at the behest of respondent no. 3. The petitioner is ready and willing to repay the entire outstanding amount under the recovery citation in easy instalments, hence this writ petition has been filed.

(3.) DURING the course of arguments, learned counsel appearing on bebahlf of the respondent no. 3 Bank has submitted that the Bank has no objection if the entire outstanding amount under the impugned recovery citation along with recovery charges is deposited by the petitioner in not more than four quarterly instalments.