Pankaj Purohit, J
1. The petitioner, who is a Lecturer with the Education Department of the State, has taken a house loan from the respondent Bank. Due to his
difficulties the loan could not have been paid, which resulted into filing of the Original Suit No. 02 of 2023, between the parties in the court of Senior
Civil Judge, Pauri Garhwal. The suit was decreed against the petitioner on 17.08.2023, and the amount of Rs.19,26,803/ -, was decreed against the
petitioner.
2. Despite decree, the petitioner failed to deposit the aforesaid decreetal amount. Resultantly, the respondent Bank has freezed the salary account of
the petitioner, and he was refused to operate the said account. Feeling aggrieved, the petitioner is before this Court for the following relief: -
“i. Issue a writ, order or direction in the nature of mandamus directing the Respondent's Bank to defreeze/ open the Petitioner's account no.
0000004232015072 in Uttarakhand Grameen Bank, Branch Srinagar, District Pauri Garhwal for the Petitioner to be able to do transactions from his
salary Account.
ii. Issue a writ, order or direct ion in the nature of mandamus directing the Respondents to deduct the over dues amount of loan from Petitioner's
salary account , and permit the Petitioner to continue transactions from his salary account no. 0000004232015072 in Uttarakhand Grameen Bank,
Branch Srinagar, District Pauri Garhwal.
iii. Or pass any other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of t he case, in the interest of
justice.â€
3. On the first instance, the petitioner showed his willingness to pay the entire amount along with the interest up to date to the Bank, but for t hat
purpose, he needs certain time. The instructions were called from the respondent Bank, and the respondent Bank has offered a proposal before t his
Court that the petitioner shall deposit Rupees Five Lakh, immediately by 15th December, 2024, and the rest of the balance amount along with interest
shall be deposited by the petitioner within next six months.
4. Today the matter is taken up, and after considering t he submissions made by the learned counsels for the parties, this Court has come to the
conclusion that since petitioner is a salaried person, and as contended by the learned counsel for the petitioner that it was not possible for the petitioner
to deposit the rest of the amount within six months, which would be approximately Rupees Fifteen Lakh, the writ petition stands disposed of in the
following terms: -
“(1) On receipt of the certified copy of the order, the respondent bank shall perm it t he petitioner to operate the salary A/ c No.
0000004232015072, and he w ill deposit Rupees Five Lakh immediately by 15th December, 2024.
(2) The rest of the decreetal amount shall be deposited by the petitioner in three equal installments of six months each. However, last installment
would carry the entire interest accrued thereon.
(3) If the petitioner fails to comply with any of the terms and conditions of the order, it will be open for t he bank to proceed against the petitioner, in
accordance with law.â€
5. Accordingly, the writ petition is disposed of.
