DINESH HARDWARE THRU. PROPRIETOR DINESH KUMAR v. COLLECTOR AMETHI AND 2 OTHERS
WRIC/10181/2025 · 2025-10-16
Prashant Kumar, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 201929 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 201929 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10181 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 petitioner, learned Standing Counsel appearing on behalf of the State respondent and Ms. Yash Kriti Ratan, Advocate holding brief of Shri Prashant Kumar Srivastava, learned counsel appearing on behalf of the respondent Bank. 2. Counsel on behalf of the petitioner has stated that the petitioner had taken loan but the same could not be repaid as per the terms of the agreement. A citation dated 27.08.2025 has been issued by the respondents 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. Counsel appearing on behalf of the respondent Bank submits that the Bank is ready to accept the amount, which is due as on 16.10.2025 i.e. Rs 10,48,292/-, if the petitioner deposits the same in monthly installments. 4. 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. 5. 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. On initial payment being made, the Versus Counsel for Petitioner(s) : Abhay Kumar, Raghvendra Singh, Vinay Prajapati Counsel for Respondent(s) : C.S.C., Prashant Kumar Srivastava Dinesh Hardware Thru. Proprietor Dinesh Kumar .....Petitioner(s) Collector Amethi And 2 Others .....Respondent(s)
respondent Bank shall provide the statement of account to the petitioner forthwith. Thereafter, the balance amount shall be paid by the petitioner in four equal monthly installments starting from January, 2026. 6. 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. 7. With the aforesaid directions, the writ petition is disposed of.
October 16, 2025 Raj WRIC No. 10181 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench