SHASHI KUMAR DIWAKAR AND ANOTHER v. STATE BANK OF INDIA AND ANOTHER
WRIC/10346/2025 · 2025-04-08
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37957 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37957 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:52033-DB Court No. - 40 Case :- WRIT - C No. - 10346 of 2025 Petitioner :- Shashi Kumar Diwakar And Another Respondent :- State Bank Of India And Another Counsel for Petitioner :- Ram Lakhan Kanoujia Counsel for Respondent :- C.S.C.,Satish Chaturvedi Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the petitioners, learned Standing Counsel appearing on behalf of the State and the
learned counsel appearing on behalf of the respondent Bank.
2. Counsel on behalf of the petitioners has stated that the petitioners had taken loan but the same could not be repaid as per the terms of the agreement. A notice dated February 6, 2025 has been issued against the petitioners to which challenge has been made in the instant writ petition. However, at the outset, learned counsel for the petitioners states that the petitioners are ready and willing to deposit the amount due against them, in case they are permitted to do so in easy installments.
3. Counsel appearing on behalf of the respondent Bank submits that no date for auction has been fixed and the Bank is willing to accept the due amount in easy 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 following order may be passed:- (i) The initial payment of Rs.3,00,000/- shall be made by the petitioners within a period of three weeks from date. The balance amount shall be paid by the petitioners in three equal monthly installments starting from June, 2025. (ii) No recovery charges shall be taken from the petitioners by the respondent authorities. (iii) Till the period prescribed for depositing the aforesaid amount, the recovery proceedings against the petitioners will be kept in abeyance. In case the petitioners default in depositing the initial
amount or thereafter the installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioners.
5. With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 9.4.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad