M/S JAI BHOLE SHANKAR EENT BHATTHAA THRU. PRO. SEETARAM YADAV v. STATE OF U.P. THRU. PRIN. SECY. REVEUNE LKO. AND 4 OTHERS
WRIC/5247/2025 · 2025-06-03
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142870 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142870 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34338-DB Court No. - 2 Case :- WRIT - C No. - 5247 of 2025 Petitioner :- M/S Jai Bhole Shankar Eent Bhatthaa Thru. Pro. Seetaram Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Reveune Lko. And 4 Others Counsel for Petitioner :- Ajay Kumar Singh Raj,Akanksha Singh,Ravi Kumar Singh Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J.
1. Heard.
2. The recovery proceedings initiated by the Bank is on account of default in payments due, consequent to the cash credit limit provided by the Bank to the petitioner. The Bank's counsel fairly submitted that the such recovery proceedings were not maintainable in view of the Full Bench decision of this Court in the case of Sharda Devi (Smt.) vs. State of U.P. and others reported in 2002 (20) LCD 472.
3. In view of the aforesaid, we quash the recovery proceedings imitated against the petitioner.
4. As regards the prayer for being permitted to pay the due amount in installment, to which learned counsel for the Bank acceded, it is provided that Bank shall provide statement of account to the petitioner within 15 days. Based on the aforesaid, whatever is the amount due, out of it, 25% shall be deposited within six weeks by the petitioner and the remaining shall be deposited in four quarterly installments. If the petitioner defaults in making payment, then Bank can proceed to recover the amount due as per law.
5. The writ petition is, accordingly, disposed of.
6. This order has been passed with the consent of counsel for the respondent no.5- Bank of Baroda. (Praveen Kumar Giri, J.) (Rajan Roy, J.) Order Date :- 3.6.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench