Neutral Citation No. - 2025:AHC:28543-DB Court No. - 39 Case :- WRIT - C No. - 5934 of 2025 Petitioner :- Rajkumar Vishwakarma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Birendra Prasad Maurya,Smt. Mithlesh Kumari Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioner and Sri Krishna Mohan Asthana, learned counsel appearing for the respondent-bank. 2. By means of the present writ petition, learned counsel for the petitioner has primarily prayed for quashing of the impugned notice for E-auction fixed for 27.02.2025. 3. It is stated that the petitioner had taken a loan but the same could not be repaid as per the terms of the agreement. A notice for a sum of Rs.11,57,376.51/- and other expenses had been issued against the petitioner. During the arguments, the learned counsel for the petitioner submitted that the petitioner is ready and willing to deposit the amount, in case it is permitted to do so in easy installments. 4. At the very outset, learned counsel for the petitioner has 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 appearing for the respondent-bank states that the auction which was fixed for 27.02.2025 did not fructify. He also states that the bank is ready to accept the amount. He, however, states that the bank has no objection if the borrower is willing to clear the debt by paying 25% of the outstanding amount within a period of one month from today and remaining amount in next four equal monthly installments. He further states that there is no date fixed for auctioning the secured asset. 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 borrower to clear the debt. The petitioner shall, therefore, approach the bank within ten days from today and the bank shall provide the outstanding amount to be paid by the petitioner out of which, 25% shall be paid by him, 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 petitioner, the bank shall inform the petitioner 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 petitioner is not deposited as per the undertaking, then the bank shall be free 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 :- 28.2.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad