Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:77271-DB Court No. - 40 Case :- WRIT - C No. - 14872 of 2025 Petitioner :- Gulshan Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rahul Kumar Pandey,Subhash Chandra Pandey Counsel for Respondent :- Ajay Shankar,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Sri Subhash Chandra Pandey alongwith Sri Rahul Kumar Pandey, learned counsel appearing on behalf of the petitioner and Sri Ashutosh Tiwari holding brief of Sri Ajay Shankar, learned counsel for the respondents-bank.
2. Counsel on behalf of the petitioner has stated that the petitioner had taken loan but the same could not be repaid as per the terms of the agreement. A notice dated 29.01.2025, for a sum of Rs.22,21,003.31/-, has been issued by respondent no.2 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 equal monthly easy installments.
3. Counsel appearing on behalf of the respondents-bank submits that no date for auction has been fixed and the bank is willing to accept the due amount in easy installments.
4. Upon hearing the counsel appearing on behalf of the parties and after considering the material on record, we are of the view that the following order may be passed:-
(i) The initial payment of 25% of the total sum shall be made by the petitioner within a period of three weeks from date. The balance amount shall be paid by the petitioner in four equal monthly installments starting from August, 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 installments 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 :- 12.5.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad