UPENDRA VISHWAKARMA v. UTKARSH SMALL FINANCE BANK LIMITED AND ANOTHER
WRIC/33950/2025 · 2025-10-07
Indrajeet Shukla, Saumitra Dayal Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101456 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101456 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33950 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Tanmay Gupta, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Prakhar Prakash Srivastava, learned counsel for the Bank.
2. Petitioner is aggrieved by the recovery proceedings initiated against him to recover the dues existing for loan taken by him to buy a commercial vehicle/Truck bearing registration no. UP64 BT 3188. At present the vehicle/Truck is lying in the possession of the Bank. The Bank claims Rs.4,13,476/- as on 22.09.2025 to be due together with interest.
3. Petitioner offers to pay the entire amount, in installments. The offer has been accepted by the learned counsel for the Bank.
4. Accordingly, writ petition is disposed of on the following term:- Rs. 1,13,000/- shall be paid by 15th November, 2025. Balance amount shall be paid in three installments of Rs.1,00,000/- each by 15th December, 2025, 15th January, 2026 & 15th February, 2026. After payment of first installment, Bank shall issue statement of account to the petitioner disclosing all payments may have been made, in the meantime, as also further interest that may be due from the petitioner on the remaining installments. Subject to payment of entire amount being made, the Truck may be released in favour of the petitioner forthwith.
5. Subject to the full compliance being made by the petitioner to the terms of this order, no other further amount can be recovered from the petitioner Versus Counsel for Petitioner(s) : Anand Mohan Pandey, Tanmay Gupta Counsel for Respondent(s) : C.S.C., Prakhar Prakash Srivastava Upendra Vishwakarma .....Petitioner(s) Utkarsh Small Finance Bank Limited And Another .....Respondent(s)
either towards legal expenses, recovery charges etc. as the entire amount would have been paid under directions issued under Article 226 of the Constitution of India and not upon coercive measures adopted against the petitioner.
6. It is made clear that in case petitioner fails to comply with the terms of this order, recovery shall stand revive from this stage, without reference to this Court.
October 8, 2025 Mohit WRIC No. 33950 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad