M/S KESARWANI BOOK HOUSE AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/4325/2025 · 2025-02-13
Siddhartha Varma, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18593 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18593 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:21828-DB Court No. - 39 Case :- WRIT - C No. - 4325 of 2025 Petitioner :- M/S Kesarwani Book House And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rakesh Kumar Mishra,Sumit Kumar Gupta Counsel for Respondent :- Anadi Krishna Narayana,C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel and Sri Himanshu Kumar, learned counsel appearing for the respondent-Bank. 2. It is stated that the petitioners had taken loan but the same could not be repaid as per the terms of the agreement. A recovery citation dated 27.01.2025 had been issued against the petitioners to which challenge has been made in the instant writ petition. However, at the outset, learned counsel for the petitioners states that the petitioners are ready and willing to deposit the amount due against them, in case they are permitted to do so in easy instalments. 3. Sri Himanshu Kumar, learned counsel for the Bank submits that the Bank is ready to accept the amount due. 4. Having regard to the fact that the petitioners have offered to pay the entire amount due against them and the Bank has agreed to accept the amount, in our view, ends of justice require that the petitioners be granted an opportunity to deposit the entire outstanding amount due against them in the following manner:- (i) Petitioners shall deposit 25% of the amount sought to be recovered within a period of four weeks from today with the respondent Bank. (ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent Bank shall provide a fresh schedule for re-payment of balance amount, after adjusting the amount already deposited. That amount shall thereafter be deposited in four equal instalments in a period of six months. Statement of account shall also be furnished to the petitioner. (iii) No recovery charges shall be recovered from the petitioners by the respondent authorities. (iv) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of instalments, the recovery proceedings will be kept in abeyance. In case the petitioners default in depositing the initial amount or thereafter instalments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioners. 5.
With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 14.2.2025 PK (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad