Neutral Citation No. - 2025:AHC:21739-DB Court No. - 39 Case :- WRIT - C No. - 4285 of 2025 Petitioner :- Pappan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Salilendu Kumar Upadhyay Counsel for Respondent :- Amrish Sahai,C.S.C.,Shruti Malviya Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel and Sri Amrish Sahai, learned counsel appearing for the respondent-Bank. 2. By means of present writ petition, the petitioner has challenged the order dated 30.8.2024 passed by the Additional District Magistrate (Finance & Revenue), Aligarh as also the order dated 24.1.2025 passed by the City Magistrate, Aligarh by which the secured asset of the petitioner was to be taken possession of in favour of the respondent-Bank. 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 demand notice dated 31.5.2023 for a sum of Rs. 14,61,902.51/- 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 20% of the outstanding amount before 19.2.2025 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 20% of the outstanding amount before 19.2.2025 and 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 three days from today and the Bank shall provide the outstanding amount to be paid by the petitioner out of which 20% shall be paid by the petitioner before 19.2.2025. 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 :- 14.2.2025 GS (Dr. Y. K. Srivastava, J.) (Siddhartha Varma, J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad