USHA DEVI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
WRIC/12048/2025 · 2025-04-21
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45726 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45726 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:60641 Court No. - 33 Case :- WRIT - C No. - 12048 of 2025 Petitioner :- Usha Devi And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Lal Bahadur,Ram Sajiwan Prajapati Counsel for Respondent :- C.S.C.,Chandra Bhan Gupta Hon'ble Prakash Padia,J.
1. Recovery notice dated 07.01.2025 issued by the respondent no.2 Uttar Pradesh Sahkari Gram Vikas Bank Limited, District Bijnor for recovery a sum of Rs. 3,94,944/- from the petitioners. 2. Petitioner has preferred the present writ petition inter-alia with the prayer to quash the recovery notice dated 07.01.2025 issued by the respondent no.2-Uttar Pradesh Sahkasri Gram Vikas Bank Limited, District Bijnor.. 3. By the aforesaid notice, the petitioner was directed to deposit a sum of Rs. 3,94,944/- along with other expenses. 4. In this view of the matter and also in the interest of justice, the respondent no.2 is directed to provide a fresh Bank statement within two weeks, if it is so, petitioner will deposit the amount shown and demanded by the respondents-Bank in four equal instalments. 5. Sri Chandra Bhan Gupta, learned counsel for the respondent bank has no objection in case petitioner is ready and willing to make the aforesaid payments in installments. 6. Heard learned counsel for the petitioner and Sri Chandra Bhan Gupta, learned counsel appearing on behalf of the respondents No.2-Bank and perused the record. 7. 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.50,000/- (Fifty Thousand) 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 statement of account after adjusting the amount already deposited. That amount shall thereafter be deposited in four equal quarterly installments. (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. 8. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 22.4.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad