Neutral Citation No. - 2025:AHC-LKO:47837-DB Court No. - 2 Case :- WRIT - C No. - 7770 of 2025 Petitioner :- Aarti Verma @ Aarti Respondent :- State Bank Of India Thru. Chief General Manager Local Head Office Hazratganj Lko. And 2 Others Counsel for Petitioner :- Amit Singh,Mohd. Zuheib Ali Khan,Umesh Chandra Srivastava Counsel for Respondent :- Anurag Srivastava Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and Shri Sharad Dwivedi, learned counsel for the respondent Bank. 2. This petition has been filed by the petitioner with the following prayer :- "i). Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to release the amount of Rs.8,00,000/- which has been withheld in the Saving Account No.39905921618 of the petitioner. ii). Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to start the process for one time settlement of repayment of loan sanctioned to late husband of the petitioner and till then deduction of E.M.Is. from the account of the petitioner be stopped." 3. It has been submitted by the learned counsel for the petitioner that the husband of the petitioner was suffering from liver disease for which he needed a Four Wheeler to travel to his place of work and to the hospital. He applied for car loan which was sanctioned for Rs.8,42,000/- and he purchased a Maruti Fronx Delta 1.2L AGS car and started paying E.M.I. from February, 2024 onwards from his account in State Bank of India, High Court Branch, Lucknow. Unfortunately, the husband of the petitioner died on 21.10.2024 and payment of E.M.I. was stopped from the account. After the death of her husband, the petitioner was informed by the opposite party no.2 about the loan outstanding against her. The petitioner requested for some time to repay the loan. In May, 2025, the petitioner approached the respondent Bank and gave a copy of the death certificate of her husband and also promised to pay the whole amount due as soon as she receives the service benefits of her husband. However, she has received a message at 1.00 p.m. and again at 5.50 p.m. on 15.5.2025 putting her account, which was in a different Branch of the respondent Bank, on hold with regard to the car loan that had been taken by the husband of the petitioner from Alambagh Branch of the Bank. A total amount of Rs.8,00,000/- has been withheld by the respondent Bank. 4. The petitioner filed her objections to such action on 20.5.2025. After putting a hold Rs.8,00,000/- from her account no.XXXXX921618, the Bank has also started deducting the amount of Rs.13,745/-. The petitioner has also received a legal notice on behalf of the respondent no.2 saying that in case she does not deposit the loan amount, proceedings for recovery of such loan amount shall be initiated and also F.I.R. would be lodged. 5. Shri Sharad Dwivedi, learned counsel appearing on behalf of the respondent Bank has fairly accepted the mistake made on behalf of the Bank in deducting the E.M.I.s not from the account that has been put on hold i.e. not from Rs.8,00,000/- which has already been put on hold, but from the account of the petitioner in a different Branch of the Bank. He has also accepted that legal advisor of the Bank has probably made a mistake in threatening the petitioner and proposing to lodge the F.I.R. against the petitioner. 6. Be that as it may, since the respondent Bank has now agreed to accept the loan dues alongwith interests as is due thereon from the petitioner and to withdraw such legal notice, we hereby diect the petitioner to approach respondent no.2 i.e. the Senior Branch Manager, Alambagh Branch, Lucknow, with a proposal within two weeks from today. If such a proposal is made by the petitioner within the time as aforesaid, the respondent no.2 shall take appropriate steps with regard to the acceptance of proposal for repayment of loan dues of late Jai Prakash Verma, her husband, within a period of further two weeks thereafter. 7. Respondent no.2 shall also consider sympathetically the prayer made by the petitioner in such representation with proposal for not charging the penal interest with regard to the amount that has already been put to hold by the Bank, failing which the petitioner shall be at liberty to approach this Court again. 8. With the aforesaid directions, the petition is finally disposed of. Order Date :- 14.8.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench