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2025 DAILYLAW 40766 (ALL)

SUBHASH v. STATE OF U.P. AND 2 OTHERS

WRIC/11152/2025 · 2025-04-15

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55841 Court No. - 33 Case :- WRIT - C No. - 11152 of 2025 Petitioner :- Subhash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kaushlendra Counsel for Respondent :- C.S.C.,Manoj Nigam Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 & 2 and Sri Manoj Nigam learned counsel for respondent No.3. 2. The recovery proceedings initiated against the petitioner pursuant to the letter dated 20.02.2025 issued by the respondent no.3 is under challenge in the present writ petition. 3. It is argued by counsel for the petitioner that petitioner is ready and willing to make the payment of dues against him in installments but some time be granted. 4. Learned counsel for the respondent bank has no objection in case petitioner is ready and willing to make the aforesaid payments in installments. 5. 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) Petitioner shall deposit Rs.25,000/- on or before 30.06.2025 with the respondent-Bank. (ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent-Bank shall provide a fresh schedule for re-payment of balance amount, after adjusting the amount already deposited. That amount shall thereafter be deposited in four equal quarterly installments. Statement of account shall also be furnished to the petitioner. (iii) No recovery charges shall be recovered from the petitioner by the respondent authorities. (iv) 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. 6. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 16.4.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad