Neutral Citation No. - 2025:AHC:29242-DB Court No. - 39 Case :- WRIT - C No. - 3066 of 2025 Petitioner :- Parvej Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashiyam Nasir,Shabeena Begum Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioner and learned counsel appearing for the respondent-Bank. 2. Even though this writ petition has been filed, challenging the possession notice dated 02.01.2025 issued by the respondent no.2- Branch Manager, Canara Bank, Branch Hasanpur, District- Amroha, at the very outset, learned counsel for the petitioner states that no date for auction has been fixed as yet and, the petitioner is ready and willing to pay the entire outstanding in case he is permitted to do so in easy installments. 3. It is stated that the petitioner had taken a loan, but the same could not be repaid as per the terms of the agreement. A possession notice dated 02.01.2025 for a sum of Rs.713065.05 and other expenses had been issued against the petitioner. 4. Learned counsel for the petitioner has, therefore, 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 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 and the remaining amount in next four equal monthly installments. He also states that no date for auctioning the secured asset had been fixed. 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 petitioner 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 at liberty to recover the debt pursuant to the impugned notice in accordance with law. 9. With these observations, the instant writ petition is disposed of. Order Date :- 3.3.2025 Radhika (Dr. Y. K. Srivastava, J.) (Siddhartha Varma, J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad