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2025 DAILYLAW 127589 (ALL)

BALJINDER SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. COOPERATIVE LKO. AND 2 OTHERS

WRIC/2366/2025 · 2025-03-12

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15187-DB Court No. - 2 Case :- WRIT - C No. - 2366 of 2025 Petitioner :- Baljinder Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Cooperative Lko. And 2 Others Counsel for Petitioner :- Alok Singh Counsel for Respondent :- C.S.C.,Gaurav Mehrotra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Vakalatnama filed by Ms. Alina Masoodi, Advocate on behalf of opposite party no. 2 and 3 is taken on record. The present writ petition has been preferred for quashing of the impugned auction notice dated 13.10.2020 issued by opposite party no. 3 i.e. the Branch Manager, U.P. Sahkari Gram Vikas Bank, and to further direct the opposite parties to permit the petitioner to deposit the balance loan amount in easy instalments. Learned counsel for the petitioner submitted that the petitioner had taken a loan of Rs. 1,60,000/- under dairy processing scheme on 07.06.2014 and 13.06.2014. It is further submitted that due to unavoidable and unforeseen circumstances, the petitioner could not pay the installments within time. Learned counsel for the petitioner on the basis of instructions has stated that petitioner is ready to pay the entire outstanding loan amount in easy installments as stipulated by this Court. On being asked, counsel for the opp. party No. 2 and 3 submitted that if the petitioner can pay the amount in reasonable installments, the opp. party Nos. 2 and 3 have no objection. Accordingly, this writ petition is finally disposed of with the following directions:- (i) The petitioner shall deposit a sum of Rs. 1,00,000/- within eight weeks from today. (ii) The respondent Bank shall inform the petitioner with regard to the remaining amount payable by him within a period of two weeks from the date of deposit of Rs. 1,00,000/-. (iii) Rest of the outstanding amount including the interest thereon from 02.06.2023 till the date of last installment shall be deposited in six equal quarterly installments. (iv) It is further provided that the last installment under this order shall include the accrued amount of interest by that date. (v) In case, the petitioner abides by the terms of this order, no coercive measures shall be taken against the petitioner. In case, any default of this order is committed by the petitioner, it shall be open to the revenue authorities and respondent-Bank to proceed against him by taking all measures including coercive measures, which may be available under law. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 12.3.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench