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2025 DAILYLAW 146568 (ALL)

UMA SHANKAR SINGH AND ANOTHER v. DIRECTOR, U.P. COOPERATIVE VILLAGE DEVELOPMENT BANK LTD. LKO. AND 2 OTHERS

WRIC/5923/2025 · 2025-06-12

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35396-DB Court No. - 2 Case :- WRIT - C No. - 5923 of 2025 Petitioner :- Uma Shankar Singh And Another Respondent :- Director, U.P. Cooperative Village Development Bank Ltd. Lko. And 2 Others Counsel for Petitioner :- Amit Prakash Sharma Counsel for Respondent :- Vinod Kumar Singh Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for petitioner, Shri Vinod Kumar Singh, learned counsel for the Bank and perused the material available on record. 2. After issuance of notice dated 22.05.2025 issued by the bank under Rule 24 of the U.P. Cooperative Gram Vikas Bank Rules, 1971, the present writ petition has been filed for the following main reliefs:- "i. issue a writ order or direction in the nature of Certiorari thereby quashing the auction notice dated 22.05.2025 issued by the opposite party no. 3 under Rule 24 of the U.P. Cooperative Gram Vikas Bank Rules, 1971. ii. issue a writ order or direction in the nature of mandamus commanding the opposite parties no. 1 to 3 to stop the process of auction on dated 13.06.2025 at 3:00 p.m. of the property of the petitioner i.e. Khata No. 82/33 area 0.8920 Hectare vide acution letter no.36/Vasuli/Vigyapan/2025- 26 dated 22.05.2025 and allow the petitioner to file a Securitization Application before the Debts Recovery Tribunal for the said loan in the interest of justice." 3. Shri Vinod Kumar Singh, learned counsel for respondent Bank on the basis of instructions submits that the Bank is willing to take outstanding amount of loan in installment which according to the petitioner is Rs.3,66,070/-. 4. Learned counsel for petitioner submits that the petitioner is ready and willing to repay the entire amount of loan in easy installments. 5. Accordingly, with the consent of the parties, this petition is disposed of with the following directions:- (i) The petitioners shall deposits Rs.25,000/- within one month from today, on deposition of the said amount, the recovery proceedings against the petitioners shall be kept in abeyance. (ii) On deposition of the due amount, the respondent Bank shall furnish statement of the account to the petitioners and the petitioners shall pay the remaining outstanding amount in ten equal quarterly installments commencing from 5.8.2025 and the last installment shall be contained interest and all the outstanding amount due to the petitioners. 6. It is made clear that in case the petitioners violate any of the aforesaid condition, the respondent Bank shall be at liberty to initiate recovery proceedings in accordance with law. 7. With the aforesaid observations/directions, this petition is disposed of. Order Date :- 12.6.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench