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2025 DAILYLAW 158904 (ALL)

M/S SHRINGAR SAW PLYWOOD PRIVATE LTD. THRU.MANAGING DIRECTOR,LAXMI NARAYAN PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 3 OTHERS

WRIC/8067/2025 · 2025-08-22

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49486-DB Court No. - 2 Case :- WRIT - C No. - 8067 of 2025 Petitioner :- M/S Shringar Saw Plywood Private Ltd. Thru.Managing Director,Laxmi Narayan Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 3 Others Counsel for Petitioner :- Abhishek Shukla Counsel for Respondent :- C.S.C.,Brajendra Amiy Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of respondent Nos.1, 2 and Shri Brajendra Amiy, learned counsel, who appears on behalf of respondent Nos.3, 4. 2. This petition has been filed with the following prayers :- "I. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider the circumstances of petitioner and provide ample time to deposit the balance loan amount of C.C. Limit in easy installment/ manner and not to take any further coercive action against the petitioner in pursuance of aforesaid C.C. Limit Account No.2024008700010532. II. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to sanctioned personal loan of Rs.82.00 Lacs as per agreement dated 01.05.2025." 3. It has been submitted by learned counsel for the petitioner that the petitioner had taken a Cash Credit Limit of Rs.1 crore on 10.11.2023 for running his business, M/s Shringar Saw Plywood Private Limited. He could not pay the EMI in time and the Bank has declared the loan account as NPA. The petitioner is willing to pay the amount to the Bank, but the respondents are not accepting his request; hence, this petition has been filed. 4. Learned counsel appearing for the Bank has produced before this Court an undertaking given by the petitioner to deposit Rs.5 lakhs at the beginning of every month w.e.f. 01.06.2025 till the limit arrives at Rs.25 lakhs. He has promised to maintain financial discipline and deposit all installments of his account regularly and to route the entire business transactions through the C.C. account only. 5. It has further been submitted that the petitioner has not respected even this undertaking and has now requested that his business is slow due to the rainy season and has requested to stop Rs.5 lakh monthly installment from January 2026 to March 2026. 6. Since the petitioner is not respecting the One Time Settlement/undertaking given by him, it would be open for respondent Nos.3 and 4 to initiate appropriate proceedings for recovery of the loan amount which has been sanctioned to the petitioner in accordance with law, as it is public money which the petitioner has utilised for running his business. 7. The writ petition is disposed of accordingly. (Brij Raj Singh, J.) (Sangeeta Chandra, J.) Order Date :- 22.8.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench