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2025 DAILYLAW 193475 (ALL)

M.S GUPTA BROTHERS FILLING STATION MS GUPTA FILLING STATION AND ANOTHER v. UNION OF INDIA AND 2 OTHERS

WRIC/36279/2025 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36279 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Sri Hitesh Kumar Mishra, learned counsel for the petitioner; Sri Parshuram Chaubey, learned counsel for the bank and learned Standing Counsel for the State-respondents. 2. Petitioner has committed default in repayment of secured debt to the respondent-Bank. Bank has initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Auction notice has been issued but bid has not been finalised and third party rights have not intervened. 3. In such circumstances, the petitioner prays that the petitioner is willing to pay the entire defaulted amount Rs. 91,57,182/- together with due interest being claimed by the respondent bank. However, he prays for sometime to clear that default. The offer thus made by learned counsel for the petitioner has been accepted by learned counsel for the bank. He states that he has instructions, if the petitioner is willing to deposit the entire amount together with due interest, the bank may not proceed further with the auction, at present. 4. Accordingly, the writ petition is disposed of with the following directions: (i) The petitioner shall clear the entire arrears due, within a period of three months i.e. not later than 31 January 2026. Versus Counsel for Petitioner(s) : Ajay Singh, Hitesh Kumar Mishra Counsel for Respondent(s) : A.S.G.I., Satish Chaturvedi M.S Gupta Brothers Filling Station Ms Gupta Filling Station And Another .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) (ii) In discharge of dues, the petitioner shall deposit, by way of first installment, a sum of Rs. 11,57,182/- with the respondent - Bank, on or before 07.11.2025. (iii) Upon deposit of Rs. 11,57,182/- by the petitioner, the respondent - Bank shall immediately communicate to the petitioner the exact amount being claimed from him after adjusting any amount that may have been deposited and providing for interest that may be due and payable to the petitioner. The interest computation may be reflected month wise i.e. payable upto 30.11.2025, 31.12.2025 and 31.01.2026. That may enable the petitioner to pay the balance amount in lump sum, together with due interest upto the month in which the payment may actually be made. 5. Subject to continued compliance of this order being made by the petitioner, the auction proceedings may be kept in abeyance so however that the attachment shall continue but the secured asset may not be auctioned and physical possession may not be altered. 6. Any amount that may have been deposited by the petitioner pursuant to the impugned demand notice, may be adjusted against the lump sum amount to be deposited under this order. 7. In case of default of any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage. 8. Petitioner undertakes to abide by the terms of this order and not to press his objections and statutory proceedings under the SARFAESI Act. October 17, 2025 Abhilash WRIC No. 36279 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad