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2025 DAILYLAW 100280 (ALL)

M/S YOGENDRA KUMAR MOHIT KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIC/33508/2025 · 2025-09-22

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33508 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State respondent and Mr. Vijay Prakash Mishra, learned counsel appearing on behalf of the respondent No.3. 2. Counsel on behalf of the petitioner has stated that the petitioner had taken loan but the same could not be repaid as per the terms of the agreement. Learned counsel appearing for the petitioner states that the petitioner is ready and willing to deposit the amount due against him in case he is permitted to do so in easy installments. 3. Learned counsel appearing on behalf of the Bank, on instructions, submits that the total amount due against the petitioner as on 20.09.2025 is Rs. 9,08,000/- He, however, states that the Bank is ready to accept the amount due. 4. Upon hearing the counsel appearing on behalf of the parties and after considering the material on record, we are of the view that the appropriate direction should be issued. 5. Accordingly, we direct that the initial payment of 25% of the aforementioned due amount shall be made by the petitioner within a period of four weeks from the date. On initial payment being made, the respondent Bank shall provide the statement of account to the petitioner forthwith. Thereafter, the balance amount shall be paid by the petitioner Versus Counsel for Petitioner(s) : Anurag Shukla, Subedar Mishra Counsel for Respondent(s) : Anadi Krishna Narayana, C.S.C. M/S Yogendra Kumar Mohit Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) in five equal monthly installments starting from December, 2025. 6. Till the period prescribed for depositing the aforesaid amount, the recovery proceedings against the petitioner will be kept in abeyance. However, we make it clear that in case the petitioner default in depositing the initial amount or thereafter the installments within the stipulated period, it will be open for the respondent Bank to proceed against the petitioner in accordance with law. 7. With the aforesaid directions, the writ petition is disposed of. September 23, 2025 K.Tiwari WRIC No. 33508 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad