Neutral Citation No. - 2025:AHC:32491-DB Court No. - 39 Case :- WRIT - C No. - 4851 of 2025 Petitioner :- Manju Bhati And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Singh,Shailesh Upadhyay Counsel for Respondent :- C.S.C.,Manish Trivedi Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Instructions filed by the learned counsel for the respondent- Bank be kept on record. A copy of the instructions be also handed over to the learned counsel for the petitioners. 2. Heard learned counsel for the petitioners and Sri Manish Trivedi, learned counsel appearing for the respondent-Bank. 3. This writ petition has been filed for the following reliefs: "(i) Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 28.12.2024 passed by Additional District Magistrate (Finance & Revenue), Gautam Budh Nagar, in Case No. 2120/2024 "ICICI Bank Limited vs. Manju Bhati & Another" under Section 14 of the SARFAESI Act. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent no.3 to not take possession of the Flat No. 253, Second Floor, Tower/Block-G, Gaud Atulyam, Plot G.H.-01 A, Omicron-1, Greater Noida, Gautam Budh Nagar, and settle the accounts amicably." 4. As of today, as per the instructions, Rs. 6,34,009.61/- is to be paid by the petitioners to the Bank. 5. Learned counsel for the petitioners states that the petitioners are ready and willing to pay all the amounts which are due from the petitioners in case they are permitted to do so in easy instalments. Learned counsel for the petitioners states that Rs. 80,417.77/- in loan accounts No. LBNOD00005993492, LBNOD00006297333, LBNOD00006303529 and LBNOD00006496559 would be paid within a period of 30 days and thereafter they would pay the sum of Rs. 1,50,000/- in the O.D. A/c No.081605010008 in the next one month. 6. So far as the amount which had to be paid vis-a-vis Credit Card No. 374740372114008, learned counsel for the petitioners states that the same may be made payable in easy instalments. 7. Learned counsel for the Bank though had agreed for the proposal of the petitioners with regard to the payment in loan accounts No. LBNOD00005993492, LBNOD00006297333, LBNOD00006303529, LBNOD00006496559 and O.D. A/c No.081605010008, he stated that with regard to the instalments of Credit Card, the petitioners may approach the Bank to obtain that facility. 8. Having heard the learned counsel for the parties, we are of the view that the petitioners be permitted to pay Rs. 80,417.77/- in loan accounts No. LBNOD00005993492, LBNOD00006297333, LBNOD00006303529, LBNOD00006496559 within the first one month and thereafter the petitioners be permitted to pay Rs. 1,50,000/- vis-a-vis O.D. A/c No.081605010008 in the month thereafter. Definitely, vis- a-vis the Credit Card No.374740372114008, the petitioners may apply before the Bank itself which would fix easy monthly instalments for the payment of the Credit Card dues as is permitted by its Rules. Alongwith the overdue payment which would be paid, the petitioners shall continue to pay the regular instalments which would be payable every month. 9. Needless to mention that if any amount has been deposited earlier by the petitioners in any account, the same shall be adjusted and the amount payable shall be provided to the petitioners before the deposits are made. 10. Further if any defaults there in the payment then it shall be open to the Bank to proceed in accordance with law. 11. For a period of three months, no coercive action shall be taken against the petitioners. 12. With these observations, the writ petition stands disposed of. Order Date :- 6.3.2025 M.S. Ansari (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad