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2025 DAILYLAW 190909 (ALL)

M/S AMIR FEED AGENCY AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/34674/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34674 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Ms. Sandhya Mishra, learned counsel for the petitioners and Sri Sagar Srivastava, holding brief of Sri K.M. Asthana, learned counsel for the respondent. 2. At the outset, learned counsel for the petitioners has not pressed the prayer nos.1 & 2. Petition has been confined to prayer no.3. 3. In that regard, it is admitted to the parties that the petitioner had obtained loan in the repayment of which, it has committed default. On such default, the bank has initiated recovery proceedings. Those are pending on the stage of sale notice. However, no auction has taken place. The next date fixed is 07.11.2025. 4. In such circumstances, learned counsel for the petitioners prays that petitioners may be granted one opportunity to avail One Time Settlement (OTS) under the scheme in force. 5. On such prayer made, we had required the learned counsel for the bank to obtain instructions if there exists any scheme for OTS. 6. Learned counsel for the respondent bank states that such scheme is in existence, however, petitioners may not have applied thereunder. 7. In view of such facts, no useful purpose would be served in keeping the writ petition pending or calling for counter affidavit at this stage. Versus Counsel for Petitioner(s) : Kushagra Chauhan, Sandhya Mishra Counsel for Respondent(s) : C.S.C., Krishna Mohan Asthana M/S Amir Feed Agency And 2 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 8. The writ petition is disposed of with the direction, subject to the petitioner filing appropriate application seeking OTS on or before 18.10.2025, the respondent- bank may process the same with utmost expedition so that appropriate decision may be taken on the petitioners' application on or before 06.11.2025. 9. Subject to the petitioners' application being found maintainable and appropriate terms being offered for OTS, by the bank, the petitioners may be granted reasonable time to pay that amount before the attached property of the petitioners is auctioned. October 13, 2025 Prachi WRIC No. 34674 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad