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2025 DAILYLAW 18568 (ALL)

KAILASH NATH AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/4258/2025 · 2025-02-13

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21830-DB Court No. - 39 Case :- WRIT - C No. - 4258 of 2025 Petitioner :- Kailash Nath And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Saroj Kumar Pandey Counsel for Respondent :- C.S.C.,Gyan Prakash Shrivastava Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel and learned counsel appearing for the respondent-Bank. 2. By means of present writ petition, the petitioners has challenged the recovery citation dated 10.1.2025 issued by the Tehsildar, Chandauli by which the petitioners were directed to deposit the outstanding amount of Rs.12,93,410/-. 3. It is stated that the petitioners had taken a loan but the same could not be repaid as per the terms of the agreement. A recovery citation dated 10.1.2025 for a sum of Rs. 12,93,410/- and other expenses had been issued against the petitioners. At the very outset, learned counsel for the petitioners has stated that the petitioners are ready and willing to deposit the amount, in case he is permitted to do so in easy instalments. 4. Learned counsel for the petitioners 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 borrowers are willing to clear the debt by paying 25% 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 borrowers to clear the debt. The petitioners shall, therefore, approach the Bank within three days from today and the Bank shall provide the outstanding amount to be paid by the petitioners out of which 25% shall be paid by them 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 petitioners, the bank shall inform the petitioners 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 petitioners 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 :- 14.2.2025 GS (Dr. Y. K. Srivastava, J.) (Siddhartha Varma, J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad