MR. PANNE LAL CHAUHAN v. A.D.M. (FINANCE AND REVENUE) DISTRICT GORAKHPUR, U.P. AND ANOTHER
WRIC/4255/2025 · 2025-03-03
Siddhartha Varma, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18514 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18514 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30313-DB Court No. - 39 Case :- WRIT - C No. - 4255 of 2025 Petitioner :- Mr. Panne Lal Chauhan Respondent :- A.D.M. (Finance And Revenue) District Gorakhpur, U.P. And Another Counsel for Petitioner :- Rakesh Dubey Counsel for Respondent :- 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 quashing of the impugned order dated 21.11.2024 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, passed by the A.D.M. (Finance & Revenue), Gorakhpur. 3. It is stated that the petitioner had taken a loan but the same could not be repaid as per the terms of the agreement. A recovery citation dated 26.03.2024 for a sum of Rs. 7,97,827/- and other expenses had been issued against the petitioner. At the very outset, learned counsel for the petitioner has stated that the petitioner is ready and willing to deposit the amount, in case he is permitted to do so in easy instalments. 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 50% 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 35% 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 :- 4.3.2025 M.S. Ansari (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad