Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34013 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J.
1. The recovery certificate dated 20.09.2019 as well as the subsequent
order of attachment dated 18.06.2025 and the subsequent Auction Notice dated 25.08.2025 issued by the Respondent Nos. 3, 4 & 5 respectively are under challenge in the present writ petition.
2. It is argued by the counsel for the petitioner that after the aforesaid
order was passed, a sum of Rs.2,50,500/- has already been deposited by the petitioner.
3. As per instructions received by Shri Manoj Nigam, learned counsel appearing on behalf of Respondent-Bank that Rs.7,07,832/- is due against the petitioner.
4. Though various arguments were raised by the counsel for the petitioner but ultimately a prayer has been made that the petitioner is ready and willing to deposit the amount but some breathing time may be granted.
5. In such circumstances, no useful purpose may be served in keeping the petition pending or for calling counter affidavit. Accordingly the present petition is disposed of with the consent of parties on the following terms: (i). The petitioner may deposit the entire amount of Rs.7,07,832/- together with due interest directly with the respondent-Bank in four quarterly installments. (ii) Rs. 1,00,000/- shall be paid by 31.10.2025. If on account of any Versus Counsel for Petitioner(s) : Jitendra Kumar Chakraborty, Vinay Pandey Counsel for Respondent(s) : C.S.C., Manoj Nigam Ram Niwas .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
reason the same should not be paid, the aforesaid amount shall be paid on or before 15.11.2025. (iii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent-Bank shall provide a fresh schedule for re- payment of balance amount, after adjusting the amount already deposited. That amount shall thereafter be deposited in four equal installments started w.e.f. 01.01.2026. Statement of account shall also be furnished to the petitioner. The last installment would be deposited with balance amount and upto date interest. (iv) No recovery charges shall be recovered from the petitioner by the respondent authorities. (v) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of installments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner. September 25, 2025 Swati WRIC No. 34013 of 2025 2 (Prakash Padia,J.) Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad