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2025 DAILYLAW 196390 (ALL)

HARI PRASAD v. STATE OF U.P. THRU. DISTT. MAGISTRATE/ COLLECTOR DISTT. BAHRAICH AND ANOTHER

WRIC/10635/2025 · 2025-11-14

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10635 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel appearing on behalf of the parties. 2. Learned counsel appearing on behalf of the petitioner has stated that the petitioner had taken loan but he could not repay the loan as per the terms of the agreement. An order dated August 14, 2025 has been passed by the respondent-authority to which challenge has been made in the instant writ petition. Learned counsel appearing for the petitioner states that the petitioner is ready and willing to deposit the amount due against him, in case he is permitted to do so in easy installments. 3. Learned counsel appearing on behalf of the respondent-Bank submits that the Bank is ready to accept the amount, which is due as on October 31, 2025 i.e. Rs.7,27,461/-, if the petitioner deposits the same in monthly installments. 4. Learned counsel appearing on behalf of the respondents has no objection to the prayer made by learned counsel appearing on behalf of the petitioner. 5. Upon hearing the counsel appearing on behalf of the parties and after considering the material on record, we are of the view that the appropriate direction should be issued. 6. Accordingly, we direct that the initial payment of 25% of the aforementioned due amount shall be made by the petitioner within a period of four weeks from date. The balance amount shall be paid by Versus Counsel for Petitioner(s) : Naveen Chandra Upadhyay Counsel for Respondent(s) : C.S.C., Akber Ahmad Hari Prasad .....Petitioner(s) State Of U.P. Thru. Distt. Magistrate/ Collector Distt. Bahraich And Another .....Respondent(s) the petitioner in four equal monthly installments starting from February, 2026. 7. Till the period prescribed for depositing the aforesaid amount, the recovery proceedings against the petitioner will be kept in abeyance. However, we make it clear that in case the petitioner defaults in depositing the initial amount or thereafter the installments within the stipulated period, it will be open for the respondent-Bank to proceed against the petitioner in accordance with law. 8. With the aforesaid directions, the writ petition is disposed of. November 14, 2025 cks/- WRIC No. 10635 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench