Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 49694 (ALL)

RAJESH KUMAR@ RAJESH CHANDRADEV TIWARI v. STATE OF UP AND 2 OTHERS

WRIC/12979/2025 · 2025-05-26

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:90471 Court No. - 33 Case :- WRIT - C No. - 12979 of 2025 Petitioner :- Rajesh Kumar@ Rajesh Chandradev Tiwari Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Indra Prakash Tiwari Counsel for Respondent :- C.S.C. 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 recovery certificate dated 11.11.2024 passed by the respondent No.2 is under challenge in the present petition. 3. It is stated that the petitioner had taken loan but the same could not be repaid as per the terms of agreement. A recovery certificate for a sum of Rs.2,50,155/- and other expenses had been issued against the petitioner. This writ petition has been filed with the averment that petitioner is ready and willing to deposit the amount, in case he is permitted to do so in easy installments. 4. 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 before 31.07.2025 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. 5. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 27.5.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad