Neutral Citation No. - 2025:AHC:27111-DB Court No. - 39 Case :- WRIT - C No. - 3141 of 2025 Petitioner :- Vandana Kummari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Respondent :- C.S.C.,Dharmendra Vaish Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioners and Sri S.P. Vishwakarma holding brief of Sri Dharmendra Vaish, learned counsel appearing for the respondent-bank. 2. By means of the present writ petition, learned counsel for the petitioners has prayed for quashing of the impugned order dated 28.09.2022 passed by respondent no.2, Additional District Magistrate (Finance and Revenue), Ghaziabad in Case No.7140 of 2022 (Punjab National Bank Vs. Vandana Kumari and others), under Section 14 of the SARFAESI Act, 2002. A further prayer has also been made for a direction to respondent authority not to dispossess the petitioners from the property in question. 3. It is stated that the petitioners had taken a loan but the same could not be repaid as per the terms of the agreement. A notice for a sum of Rs.33,89,049/- and other expenses had been issued against the petitioners. During the arguments, the learned counsel for the petitioners submitted that the petitioners are ready and willing to deposit the amount, in case it is permitted to do so in easy installments. 4. At the very outset, learned counsel for the petitioners has proposed to deposit 25% of the outstanding amount within a period of one month from today with an undertaking that the remaining amount shall be paid in next four equal monthly installments. 5. Learned counsel appearing for the respondent-bank states that the bank is ready to accept the amount. He, however, states that the bank has no objection if the borrower is willing to clear the debt by paying 25% of the outstanding amount within a period of one month from today and remaining amount in next four equal monthly installments. He further states that there is no date fixed for auctioning the secured asset. 6. In view of the above stand of the learned counsel for the parties, at this stage, without looking into the merits of the case, we deem it appropriate to afford an opportunity to the borrower to clear the debt. The petitioners shall, therefore, approach the bank within three days from today and the bank shall provide the outstanding amount to be paid by the petitioner out of which, 25% shall be paid by him, within a period of one month from today. The remaining amount shall be deposited in next four equal monthly installments. 7. Needless to say that when the last installment is paid by the petitioner, the bank shall inform the petitioner the interest amount and the other expenses which would have accrued by the last date of payment and it shall be paid along with the last installment. 8. We clarify that if the amount as has been promised to be paid by the petitioner is not deposited as per the undertaking, then the bank shall be free to recover the debt pursuant to the impugned notice in accordance with law. 9. With these observations, the writ petition is disposed of. Order Date :- 27.2.2025/Shahroz (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad