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2025 DAILYLAW 147963 (ALL)

PRAMOD KUMAR VERMA v. STATE OF U.P. THRU. ITS COLLECTOR LAKHIMPUR KHERI AND 2 OTHERS

WRIC/6105/2025 · 2025-06-25

Alok Mathur, Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36411-DB Court No. - 2 Case :- WRIT - C No. - 6105 of 2025 Petitioner :- Pramod Kumar Verma Respondent :- State Of U.P. Thru. Its Collector Lakhimpur Kheri And 2 Others Counsel for Petitioner :- Umesh Chandra Vishwakarma Counsel for Respondent :- C.S.C.,Vinay Shankar Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Umesh Chandra Vishwakarma, learned counsel for the petitioner, learned Standing Counsel on behalf of respondent no.1 and Shri Vinay Shankar, learned counsel on behalf of the respondent no.3. 2. The petitioner had taken a loan on credit card to a limit of Rs.7,00,000/- from the respondent bank but the outstanding amount could not be paid by him, consequent to which the respondent bank has initiated recovery proceeding against the petitioner and by means of the present petition, the petitioner has challenged the said notice dated 04.06.2025. 3. It has been submitted by counsel for the petitioner that One Time Settlement has been arrived at between the petitioner and the respondent bank on 14.08.2024 and now nothing remains due to the respondent bank. 4. On the other hand, Shri Vinay Shankar, learned counsel on behalf of the respondent bank contested the statement made in the petition and he has questioned that One Time Settlement arrived at between the parties. Apart from the above, he has further submitted that in the auction notice, no person had participated and consequently, the auction proceedings could not be concluded and he submitted that a fresh auction notice could be issued subsequently. He further submitted that only prayer made in the petition is assailing the said notice dated 04.06.2025 and the said notice having exhausted itself. 5. In light of the statement given by the counsel for the respondent bank, the petition has been rendered infructuous, to which the counsel for the petitioner does not contest the said facts pertaining to the auction of the mortgaged property. 6. Accordingly, taking into consideration the statement made by Shri Vinay Shankar on the basis of the instructions received from the respondent bank, the petition has been rendered infructuous and the petitioner will have liberty to assail the fresh auction notice as and when it is issued. 7. Accordingly, the petition is dismissed as infructuous. (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Order Date :- 25.6.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench