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2025 DAILYLAW 178889 (ALL)

M/S DEV FOOD MART THRU.PROPRIETOR SHARAD TIWARI v. STATE OF U.P. THRU. COLLECTOR DISTT. LKO. AND 2 OTHERS

WRIC/10648/2025 · 2025-11-14

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10648 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State respondents and Shri Vinay Shankar, learned counsel appearing on behalf of the respondent Bank. 2. Counsel on behalf of the petitioner has stated that the petitioner had taken loan but the same could not be repaid as per the terms of the agreement. A possession notice dated 30.09.2025 has been issued by the respondents to which challenge has been made in the instant writ petition. Learned counsel appearing for the petitioner states that the petitioner is ready and willing to deposit the amount due against him in case he is permitted to do so in easy installments. 3. Counsel appearing on behalf of the respondent Bank submits that the Bank is ready to accept the amount, which is due as on today i.e. Rs.53,28,641.25/-, if the petitioner deposits the same in monthly installments. 4. Upon hearing the counsel appearing on behalf of the parties and after considering the material on record, we are of the view that the appropriate direction should be issued. 5. Accordingly, we direct that the initial payment of 25% of the aforementioned due amount shall be made by the petitioner within a Versus Counsel for Petitioner(s) : O.P. Tiwari, Sunil Kumar Shukla Counsel for Respondent(s) : C.S.C., Vinay Shankar M/S Dev Food Mart Thru.Proprietor Sharad Tiwari .....Petitioner(s) State Of U.P. Thru. Collector Distt. Lko. And 2 Others .....Respondent(s) period of six weeks from date. On initial payment being made, the respondent Bank shall provide the statement of account to the petitioner forthwith. Thereafter, the balance amount shall be paid by the petitioner in four equal monthly installments starting from February, 2026. 6. Till the period prescribed for depositing the aforesaid amount, the possession notice dated 30.09.2025 and public notice dated 06.10.2025 against the petitioner will be kept in abeyance. However, we make it clear that in case the petitioner defaults in depositing the initial amount or thereafter the installments within the stipulated period, it will be open for the respondent Bank to proceed against the petitioner in accordance with law. 7. With the aforesaid directions, the writ petition is disposed of. November 14, 2025 Ashutosh WRIC No. 10648 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench