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2025 DAILYLAW 47189 (ALL)

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

WRIC/12609/2025 · 2025-04-24

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63993 Court No. - 33 Case :- WRIT - C No. - 12609 of 2025 Petitioner :- Surajpal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Goyal 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/Bank 2. The petitioner has preferred the present petition with the prayer to direct the respondents not to take any coercive action against the petitioner pursuant to the loan taken by the petitioner. 3. It is argued by learned counsel for the petitoner that the petitioner is ready and willing to deposit the amount, in case he is permitted to do so in easy installments. 4. Sri Manoj Nigam learned counsel for respondent No.3/Bank has no objection, if the petitioner is ready to pay the same. 5. Heard learned counsel for the parties 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. The Bank has also agreed to accept the amount payable. (i) Petitioner shall deposit Rs.50,000/- on or before30.06.2025 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 six equal quarterly installments. Statement of account shall also be furnished to the petitioner. (iii) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of installments, no coercive action be taken against the petitioner. 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 :- 25.4.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad