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2025 DAILYLAW 185274 (ALL)

SHIV AUTAR v. STATE OF U.P. THRU. COLLECTOR, BAHRAICH AND 2 OTHERS

WRIC/11629/2025 · 2025-12-11

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11629 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State respondents and Shri Vinod Kumar Singh, 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 citation dated May 8, 2023 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 30.09.2025 i.e. Rs.13,83,885/-, 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 Versus Counsel for Petitioner(s) : Rajesh Kumar Verma, Mohd. Kashif Rafi, Rakesh Yadav Counsel for Respondent(s) : C.S.C., Vinod Kumar Singh Shiv Autar .....Petitioner(s) State Of U.P. Thru. Collector, Bahraich And 2 Others .....Respondent(s) aforementioned due amount shall be made by the petitioner within a 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 six equal monthly installments starting from March, 2026. 6. Till the period prescribed for depositing the aforesaid amount, the recovery proceedings 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. December 11, 2025 Ashutosh WRIC No. 11629 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench