M/S PAUHARI SHARAN PANDEY AND ANOTHER v. STATE BANK OF INDIA AND ANOTHER
WRIC/10782/2025 · 2025-04-10
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39451 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39451 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:53790-DB Court No. - 40 Case :- WRIT - C No. - 10782 of 2025 Petitioner :- M/S Pauhari Sharan Pandey And Another Respondent :- State Bank Of India And Another Counsel for Petitioner :- Manoj Kumar Srivastava Counsel for Respondent :- 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 and
learned counsel appearing on behalf of the respondents. 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. An order dated March 21, 2025 has been passed by the respondent No.2 to which challenge has been made in the instant writ petition. He has further stated that the respondent bank has forcefully towed away three vehicles of the petitioners having registration nos.UP53JT9559, UP53KT3084 and UP53KT3087. 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 has provided the details of loan amount payable to the Bank by the petitioners. He submits that if the petitioners deposit the loan amount, which is due as on today i.e. Rs.22,98,030/- in monthly installments and agree to continue to pay thereafter, the loan account shall be regularised and rescheduled. He further states that the aforementioned vehicles will be released only after the petitioners pay the first installment as directed by this Court. 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 25% of the aforementioned due amount
shall be made by the petitioners within a period of three weeks from date. The balance amount shall be paid by the petitioners in six equal monthly installments starting from June, 2025. (ii) On deposit of initial 25% amount within the time indicated above, the respondent Bank shall release the aforementioned vehicles forthwith in favour of the petitioners. (iii) The respondent Bank shall regularise and reschedule the loan after the last installment is paid by the petitioners. (iv) For a period of three weeks from date, the vehicles which have been towed away by the respondent Bank shall not be sold and no third party right shall be created. 5. We make it clear that in case the petitioners default 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 petitioners in accordance with law. 6.
With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 11.4.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad