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2025 DAILYLAW 46739 (ALL)

M/S ANAND ASSOCIATES AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIC/12295/2025 · 2025-04-22

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63590-DB Court No. - 40 Case :- WRIT - C No. - 12295 of 2025 Petitioner :- M/S Anand Associates And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mayank Srivastava Counsel for Respondent :- Ashish Agrawal,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri Mayank Srivastava, learned counsel appearing on behalf of the petitioners and Sri Ashish Agarwal, learned counsel appearing on behalf of the respondent/Bank. 2. Counsel on behalf of the petitioners has stated that the petitioner had taken loan but the same could not be repaid as per the terms of the agreement. A symbolic possession notice dated February 13, 2025 has been issued against the petitioner to which challenge has been made in the instant writ petition. However, at the outset, learned counsel for the petitioner states that the petitioner is ready and willing to deposit the amount due against him, in case he is permitted to do so in easy instalments. 3. Sri Ashish Agarwal, counsel appearing on behalf of the Bank, on instructions, submits that the total amount due against the petitioner is Rs.58/- lakhs. He, however, states that the Bank is ready to accept the amount due. 4. Having regard to the fact that the petitioner has offered to pay the entire amount due against him and the Bank has agreed to accept the amount, in our view, ends of justice require that the petitioners be granted an opportunity to deposit the entire outstanding amount due against him in the following manner:- (i) The initial payment of 40% of the total outstanding amount shall be made by the petitioner within a period of three weeks from date. The balance amount shall be paid by the petitioner in three equal monthly instalments starting from July, 2025. (ii) No recovery charges shall be taken from the petitioner by the respondent authorities. (iii) Till the period prescribed for depositing the aforesaid amount, the recovery proceedings against the petitioner will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter the instalments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner. 5. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 23.4.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad