High Court · 2025

Mr. Anchit Khokher, Advocat e, for t he pet it ioner. Mr. Siddhart ha Sah, Advocat e, for t he respondent no. 1. Mr. Shakt i Sourabh, Advocat e, i/ b Mr. Sandeep Kot hari, Advocat e for t he r espondent no. 2, 3 and 4. Mr. Suyash Pant , St anding Counsel, for t he St at e/ r espondent no. 5. Pet it ioner took a loan of ₹26,50,000/- ( 2) under a St at e sponsored schem e, nam ely, Deen Dayal Upadhyay Grah Awas ( Hom e- St ay) Vikas Yoj ana, from Canara Bank , Cham ba Branch, Tehri Garhwal, in t he year 2022. Since t here was a default on t he par t of t he pet it ioner in r epay m ent of t he loan, t her efore, a possession not ice was issued by t he bank on 2.12.2025. Thus feeling aggrieved, he has approached t his Court seeking t he following reliefs: “ i. I ssue a writ , order or direct ion in t he nat ure of cert iorari, quashing t he im pugned possession not ice dat ed 02.12.2025 t he respondent bank ( Annexure No. 3) issued by ii) I ssue a writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent bank t o not t ake any furt her act ion under SARFAESI Act . iii) I ssue a writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent bank t o provide t he pet it ioner wit h t he am ount and det ails of subsidy provided by t ourism depart m ent . iv) I ssue a writ , or der or direct ion in t he nat ure of m andam us direct ing t he respondent t o recalculat e t he rem aining balance loan am ount aft er proper deduct ion of t he subsidy am ount v) I ssue a writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent bank t o regularise t he loan account or t o set t le t he loan account of pet it ioner by allowing t he pet it ioner t o pay all t he out st anding loan inst allm ent s aft er proper deduct ion t he subsidy am ount wit hin a short t im e keeping in m ind t he financial condit ion of t he pet it ioner.” ( 3) Mr. Manoj Kum ar, Divisional Manager, Asset Recover y Branch, New Delhi is connect ed virt ually. He point s out t hat pet it ioner had also availed Cash Credit Lim it facilit y from t he bank and t he out st anding am ount against t he pet it ioner in the said loan account is ₹5.72 lakhs. Lear ned Counsel t he pet it ioner ( 4) subm it s t hat pet it ioner is r eady and willing t o regularise bot h t he loan account s. ( 5) Mr. Manoj Kum ar , repr esent at ive of t he bank, submits that if petitioner pays ₹10 lakhs wit hin four w eek s from t oday, t hen bot h his loan account s shall be regularised. He furt her subm it s t hat Dist rict Tourism Officer , Tehri has ask ed t he t he t he am ount Tourism Depart m ent as subsidy t owards Deen Dayal Upadhyay Grah Awas ( Hom e- St ay) Vikas Yoj ana. r eleased by ret ur n t o Lear ned Counsel for t he pet it ioner, on ( 6) inst ruct ion from his client , subm it s t hat pet it ioner would pay ₹10 lakhs t o t he Branch Manager of t he concer ned branch posit ively wit hin four weeks from t oday. I n such view of t he m at t er , w rit pet it ion ( 7) is disposed of by providing if pet it ioner deposits ₹10 lakhs with the Branch Manager within four week s t he bank shall consider r egularising bot h t he loan account s of t he pet it ioner. t oday, t hen t hat ( 8) For a period of six weeks or t ill decision is t aken by t he bank in t he m at t er , whichev er is earlier, t he am ount of subsidy released by t he Tourism Depart m ent in favour of t he bank shall not be r efunded. t o abide by ( 9) I t is m ade clear t hat in case pet it ioner t he afor esaid condit ion of depositing ₹10 lakhs within the stipulated time, t he bank shall be at libert y t o proceed against him , as per law. ( M a n o j K u m a r Ti w a r i , J.) 1 0 .1 2 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR