Neutral Citation No. - 2025:AHC:29176-DB Court No. - 39 Case :- WRIT - C No. - 4617 of 2025 Petitioner :- Smt. Gayatri And Another Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Devbratt Yadav,Satyadeep Gautam Counsel for Respondent :- A.S.G.I.,C.S.C.,Krishna Mohan Asthana,Pranjal Mehrotra Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel and learned counsel appearing for the respondent-Bank. 2. By means of present writ petition, the petitioners have challenged the order dated 07.05.2024 passed by the respondent no.3-Additional District Magistrate (Finance and Revenue), Mathura as well as the notice dated 03.02.2025 issued by the respondent no. 4-Up Zila Magistrate, Mathura by which the petitioners were directed to vacate the premise. 3. It is stated that the petitioners had taken a loan but the same could not be repaid as per the terms of the agreement. A sale notice, as per the demand notice, dated 05.09.2024 for a sum of Rs. 4,94,107.47/- and other expenses had been issued against the petitioners. At the very outset, learned counsel for the petitioners has stated that the petitioners are ready and willing to deposit the amount, in case he is permitted to do so in easy instalments. 4. Learned counsel for the petitioners has, therefore, proposed to deposit 25% of the outstanding amount within a period of one month from today 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 borrowers are willing to clear the debt by paying 25% of the outstanding amount within a period of one month and the remaining amount in next four equal monthly installments. He also states that the auction which was to be held on 28.02.2025 did not succeed and 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 borrowers to clear the debt. The petitioners shall, therefore, approach the Bank within three days from today and the Bank shall provide the outstanding amount to be paid by the petitioners out of which 25% shall be paid by them within a period of one month from today. 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 petitioners, the bank shall inform the petitioners 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 petitioners 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 :- 3.3.2025 M.S. Ansari (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad