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2025 DAILYLAW 53572 (ALL)

VIJAY KUMAR PANDEY v. STATE OF UP AND 2 OTHERS

WRIC/14181/2025 · 2025-05-13

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79092 Court No. - 33 Case :- WRIT - C No. - 14181 of 2025 Petitioner :- Vijay Kumar Pandey Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Amritesh Pandey,Rajesh Yadav Counsel for Respondent :- C.S.C.,Habib Ahmad Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 & 2 and Sri Habib Ahmad, learned counsel for respondent No.3/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. Thereafter recovery certificate had been issued against the petitioner. 3. It is argued by learned counsel for the petitioner that petitioner is ready and willing to deposit the amount, in case he is permitted to do so in easy installments and for showing his bona-fide, he will pay Rs.3,00,000/- within a month. It is further argued that he has file objection before the manager of the Bank regarding balance amount and the Manager of the Bank should decide the objection. 4. Sri Habib Ahmad, learned counsel for respondent No.3/Bank argued that as on 08.05.2025, the balance amount is of Rs.15,15,157/- and in case, the petitioner will deposit Rs.3,00,000/- within a month and file his objection before the Manager of the Bank, the Manager of the Bank will decide the same expeditiously. 5. Heard learned counsel for the parties and perused the record. 6. In this view of the matter, 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.3,00,000/- on or before 30.06.2025 with the respondent-Bank. (ii) In case the amount, as indicated above, is deposited by the period prescribed, the petitioner will file objection before the Manager of the Bank, the Manager of the Bank will decide the same within the period of three weeks thereafter and provide a fresh schedule for re-payment of balance amount, after adjusting the amount already deposited. That amount shall thereafter be deposited in six 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. 7. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 14.5.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad