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Neutral Citation No. - 2025:AHC:66419 Court No. - 33 Case :- WRIT - C No. - 12914 of 2025 Petitioner :- Hakim Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Digvijay Singh 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 to 3 and Sri Manoj Nigam, learned counsel for respondent No.4/Bank
2. It is stated that the petitioner had taken an Agre-Credit Advance loan for agricultural use but the same could not be repaid as per the terms of agreement. A recovery notice of Rs.2,30,000/- was issued to the petitioner and when the petitioner could not deposit the same, auction notice has been published on the newspaper on 11.03.2025 that the auction will be held on 25.04.2025. It is argued that auction has not been taken place on the said date and the petitioner is ready and willing to deposit the amount, in case he is permitted to do so in easy installments.
3. 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 31.05.2025 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 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/auction 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 :- 29.4.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad