Neutral Citation No. - 2025:AHC:29834-DB Court No. - 39 Case :- WRIT - C No. - 3431 of 2025 Petitioner :- Ikram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Arshad Khan Counsel for Respondent :- Ashish Agrawal,C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel and learned counsel appearing for the respondent-Bank. 2. By means of present writ petition, the petitioner has prayed for following reliefs : "i. Issue a writ order or direction in the nature of Certiorari Quashing the impugned order dated 21.08.2024 passed by respondent No.2 in case No. 175 of 2024 (Union Bank of India Vs. Shri Ikram and another), Computerized case No. D2024117300000175 under Section 14(1) SARFAESI Act. ii. Issue a writ order or direction in the nature of mandamus commanding/directing the respondent bank to take balance amount from the petitioner in equal easy installment. iii. Issue a writ order or direction in the nature of mandamus directing the respondent not to take physical possession of the house bearing house at Part of Khasra No. 1229 Mohalla Ali Nagar, Hapur Gali No. 2 Near Indian Dharam Kanta, Rampur Road Pargana, Tehsil and District Hapur. iv. Issue a writ order or direction in the nature of mandamus commanding/directing the respondent not to harass and humiliate the petitioner in pursuance of auction notice dated 23.01.2025." 3. It is stated that the petitioner had taken a housing loan but the same could not be repaid as per the terms of the agreement. The respondent bank has issued auction notice on 23.01.2025 and fixed e-auction date 28.02.2025, however, e-auction could not take place. At the very outset, learned counsel for the petitioner has stated that the petitioner is ready and willing to deposit the remaining amount, in case he is permitted to do so in easy installments. 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 ten 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 writ petition is disposed of. Order Date :- 3.3.2025 Karan (Dr. Y.K. Srivastava, J.) (Siddhartha Varma, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad