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2025 DAILYLAW 40157 (ALL)

DINA NATH v. STATE OF U.P. AND 3 OTHERS

WRIC/10743/2025 · 2025-05-13

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79693 Court No. - 33 Case :- WRIT - C No. - 10743 of 2025 Petitioner :- Dina Nath Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Singh Sengar Counsel for Respondent :- C.S.C.,Vivek Kumar Rai Hon'ble Prakash Padia,J. 1. Pursuant to the order dated 11.04.2025 passed by this Court, learned counsel for the petitioner placed before this Court deposit receipt of Rs. 2,50,000/- with the respondent-Bank dated 06.05.2025, same is taken on record. 2. After going through the original receipt, same was returned to the learned counsel for the petitioner. Learned counsel for the petitioner is directed to serve the same upon learned counsel appearing on behalf of the respondents-Bank. 3. In this view of the matter and also in the interest of justice, the impugned recovery citation dated 24.10.2024 is kept in abeyance, directing the petitioner to deposit the remaining amount as per recovery certificate with the respondent-Bank in six equal quarterly installments started with effect from 01.08.2025. 4. Learned counsel for the respondent bank has no objection in case petitioner is ready and willing to make the remaining payments in installments. 5. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents No.4-Bank and perused the record. 6. Having regard to the fact that the petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner :- (i) Since a sum of Rs.2,50,000/- has already been deposited by the petitioner, the respondent bank is directed to provide a fresh statement of account to the petitioner within four weeks from today. If it is so the petitioner shall deposit the remaining amount in six equal quarterly installments started with effect from 01.08.2025 with the respondent-Bank. (ii) No recovery charges shall be recovered from the petitioner by the respondent authorities. (iii) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of installments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner. 7. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 14.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad