Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75361 Court No. - 33 Case :- WRIT - C No. - 11875 of 2025 Petitioner :- Harinarayan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard Sri Anil Kumar, learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 and Shri Vivek Kumar Rai, learned counsel for the respondent-bank. 2. The petitioners have preferred the present petition inter alia with the following prayers:-
"i- to issue a writ, order or direction in the nature of certiorari quashing the impugned recovery order dated 16.10.2024 (filed as Annexure No.1 to this writ petition) passed by the respondent No.3; ii- to issue a writ, order or direction in the nature of mandamus directing the respondents not to initiate any coercive measure against the petitioner pursuant to the aforesaid the recovery order dated 16.10.2024 passed by the respondent No.3; iii- to issue a writ, order or direction in the nature of mandamus directing the respondents to allow the petitioner to repay the loan amount in easy installments;"
3. After some argument counsel for the petitioner confined his prayer and prayed that a suitable time be granted to the petitioner to deposit the aforesaid amount of Rs. 2,08,422/- in easy instalments. 4. With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage without calling for a counter affidavit. 5. By this writ petition, petitioner has prayed for quashing of recovery citation dated 16.10.2024 for Rs.2,13,952/- plus other charges. 6. The petitioner had taken a loan of Rs.50,000/- for running a milk dairy. It is admitted to the petitioner that a default has been committed by the petitioner in making timely repayments of that loan. Consequently, recovery proceedings have been initiated against him. 7. Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire recovery amount within the time fixed by this Court. 8. Learned counsel appearing for the bank fairly states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank. 9.
On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with the following directions: (i) The petitioner shall deposit the entire amount due to the bank in four installments beginning from 31.07.2025. (ii) By way of first installment, the petitioner shall deposit Rs. 50,000/- on or before the date 31.07.2025. (iii) On depositing the aforesaid amount of Rs.50,000/-, the respondent bank shall provide a statement of account to the petitioner within two weeks thereafter disclosing the exact amount disbursed by the bank as loan; exact amount/s repaid by the petitioner together with dates of deposit; rate of interest and amount/s of interest charged by the bank. Such statement be expressed in such terms/language as may be easy to comprehend even by a lay-man such as the petitioner. (iv) The bank shall in the statement so supplied, itself calculate & indicate the amount/s of each installment together with the date of payments due. (v) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining four equal quarterly installments from 31.07.2025 onwards. (vi) If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. (vii) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage. Order Date :- 6.5.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad