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2025 DAILYLAW 178666 (ALL)

AJAY SHUKLA AND ANOTHER v. UOI THRU. ITS ADDL. CHIEF SECY. FINANCE NEW DELHI AND ANOTHER

WRIC/11950/2025 · 2025-12-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11950 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Dinesh Kumar, learned counsel for the petitioners and Shri Shailendra Singh Rajawat, learned counsel for the respondent no.2-State Bank of India. 2. By means of the present writ petition, the petitioners have challenged the validity of the order dated 29.05.2025 passed by the Additional District Magistrate, Nagar, Trans Gomti taking physical possession of the petitioners' secured assets i.e. house property bearing Khasra No.1940 situated at Village- Banthra Sikanderpur, Pargana- Bijnor, Tehsil- Sarojini Nagar, Lucknow. 3. The learned counsel for the petitioners did not assail the legality of the recovery proceedings. He merely confined his submission to the fact that the petitioners admit the liability of repayment of loan and state that they are willing to repay the amount but they are unable to do so in one lump sum due to financial constraints. 4. Although, learned counsel for the respondent no.2 has opposed the writ petition but he has submitted that the bank is pressing for recovery of the amount due to default made by the petitioners and in case, the petitioners repay the amount, the bank's grievance will be redressed and the bank will not be pressing any recovery proceeding. 5. The learned counsel for the petitioners has submitted that the petitioners shall pay Rs.10,00,000/- to the respondent no.2- Bank on or Versus Counsel for Petitioner(s) : Dinesh Kumar Counsel for Respondent(s) : A.S.G.I., Alok Saxena Ajay Shukla And Another .....Petitioner(s) Uoi Thru. Its Addl. Chief Secy. Finance New Delhi And Another .....Respondent(s) before 18.12.2025. He has further submitted that the petitioners are making efforts to dispose off another property and they will repay the entire balance amount along with interest by 30.04.2026. 6. Accordingly, the petition stands disposed off by providing that in case, the petitioners deposit a sum of Rs.10,00,000/- on or before 18.12.2025, the possession of the secured assets will be restored to the petitioners, although, the hypothecation/mortgage shall remain in force. the petitioners will pay the entire amount along with interest on or before 30.04.2026. 7. In case, the petitioners fail to make payment as aforesaid, they will restore the possession of the property to the respondent no.2-bank who will be at liberty to recover the amount from the petitioners, in accordance with law. December 11, 2025 V. Sinha WRIC No. 11950 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench