IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No.637 of 2010 In WRIT PETITION No. 171 of 2010 (M/S) Smt. Vimla Devi, W/o Sri Om Prakash Gupta, R/o Village Nayagaon Pelio, Post Office Nayagaon Pelio, District Dehradun. ……Petitioner. Versus 1. Punjab National Bank, Regional Office at Ghantaghar, Dehradun through its Regional Manager. 2. Manager, Punjab National Bank, Branch Nayagaon, District Dehradun. 3. National Bank for Agriculture and Rural Development, Uttarakhand Regional Office at Hotel Sunrise Building, II and III Floor, 113/2, Rajpur Road, Dehradun, through its Deputy General Manager. ..Respondents. Mr. Pawan Mishra, Advocate for the petitioner. Mr. S.K. Jain, Advocate for the respondents. Date: - 29-03-2010 Hon’ble B.S. Verma J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought following reliefs:- (i) Issue a writ, order or direction in the nature of certiorari, calling for the records and quashing 2 the notice/order dated 27-7-2009 (Annexure No. 3 to the writ petition), issue by Manager, Punjab National Bank, Branch Nayagaon, Dehradun- respondent No.2. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities not to recover and to waive the loan amount of Rs. 49,000.00, along with interest, in pursuance of Debt Waiver and Debt Relief Scheme, 2008. (iii) Pass any other and further orders, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. (iv) Award the cost of writ petition to the petitioner. According to the petitioner, the agriculture loan was taken on 13-03-2007 and it was not paid by the petitioner upto 28-02-2008. The application was moved by the petitioner before the Bank on 05-12-2009 for the benefit of Debt Waiver and Debt Relief Scheme, 2008 regarding the amount of Rs. 50,000/-, which was taken in the year 23-09-2005. In its reply given by the Bank, the bank has informed to the petitioner that the loan, which was taken in the year 2005 for which the account was open on 01-10-2005 and the loan was sanctioned, the same was paid by the petitioner on 03-02-2007. Again on 13-03-2007, the loan of Rs. 49000/- was sanctioned. As per the version of the bank, it will become overdue after 13-3-2008. Since, the petitioner had applied for loan of Rs. 50,000/-, which was taken in the year 2005, the same was paid by her, the amount due is of Rs. 49,000/- along with 3 interest as per version of parties which was taken by the petitioner in March 2007. In the facts and circumstances of the case, the petitioner is given liberty to make representation regarding loan of Rs. 49,000/- which was taken in March 2007 within a period of one week and the bank after hearing the petitioner shall pass speaking order whether as per the version of the petitioner that it was overdue on 31-12-2007 and is entitled of benefit of Scheme or not, preferably within a period of two weeks from the date of production of certified copy of this order. With the said direction, the writ petition is disposed of finally. The copy of the order be supplied to the learned counsel for the petitioner by tomorrow on the payment of usual charges. (B.S. Verma, J.) 29-03-2010 MK