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2025 DAILYLAW 190769 (ALL)

M/S SANJIWANI CHEMICALS AND PACKAGING v. STATE OF U.P. AND 3 OTHERS

WRIC/34458/2025 · 2025-10-09

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34458 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Sri Ravindra Prakash Srivastava, learned counsel for the petitioner and Sri Vijay Prakash Mishra, learned counsel for the respondent bank. 2. By means of the present writ petition, the petitioner has prayed for quashing impugned recovery citation dated 10.12.2024 for Rs. 13,47,302/-. 3. The petitioner had taken Mudra loan of Rs. 9,50,000/- under the Cash Credit Scheme in the year 2018. It is admitted to the petitioner that default has been committed by the petitioner in making timely repayments of that loan. Consequently, recovery proceedings have been initiated against him. 4. Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount within the time fixed by this Court. 5. Learned counsel appearing for the respondent bank fairly states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank. 6. On the facts and circumstances of the case and in the interest of justice, the present writ petition is disposed of with the following directions: (i) The petitioner shall deposit the entire amount due to the bank in five installments. (ii) By way of first installment the petitioner shall deposit Rs. 3,47,302/- on Versus Counsel for Petitioner(s) : Ravindra Prakash Srivastava Counsel for Respondent(s) : Anadi Krishna Narayana, C.S.C. M/S Sanjiwani Chemicals And Packaging .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) or before the date 15.11.2025. (iii) On depositing the aforesaid amount of Rs. 3,47,302/- the respondent bank shall provide a statement of account to the petitioner within two weeks thereafter disclosing the exact amount disbursed by the bank as loan; exact amount/s repaid by the petitioner together with dates of deposit; rate of interest and amount/s of interest charged by the bank. (iv) The bank shall, in the statement so supplied after adjusting the amount already deposited, itself calculate & indicate the amount/s of each installment together with the date of payments due. (v) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining four equal quarterly installments of Rs. 2,50,000 beginning 15.01.2026, 15.03.2026, 15.05.2026 and 15.07.2026 respectively. (vi) If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. (vii) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage. October 10, 2025 Abhilash WRIC No. 34458 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad