Neutral Citation No. - 2025:AHC:74680-DB Court No. - 40 Case :- WRIT - C No. - 14562 of 2025 Petitioner :- Vishambar Dayal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Shukla,Gaurav Tiwari Counsel for Respondent :- Anadi Krishna Narayana,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State respondents and Sri Sandeep Kumar Singh, learned counsel appearing on behalf of the respondent Bank. 2. On April 1, 2025, this Court had passed an order in Writ-C No.5696 of 2025 titled as Vishambhar Dayal v. State of U.P. and others, relevant portion of which is delineated below: "4. Counsel appearing on behalf of the petitioner submits that the petitioner has paid a sum of Rs.12,00,000/- and he is willing to pay the balance amount but he is not aware of the exact calculation of the amount that is still due to the Bank. In light of the same, he prays that exact calculation of the amount may be given to the petitioner at the earliest. Upon receipt of such calculation, the petitioner shall make the payment of the balance amount within a period of three weeks. 5. Counsel appearing on behalf of the respondent Bank submits that if the payment is made within three weeks of giving the exact calculation by the Bank, he has no objection to the same. 6. In light of the submissions made above, the respondent Bank is directed to give the exact calculation of the balance amount payable by the petitioner within three days from date. The petitioner, shall thereafter, make the payment of the said balance amount as per the calculation given by the respondent Bank within three weeks from the date of giving the calculated amount. For a period of four weeks from date, the recovery proceedings initiated against the petitioner shall be kept in abeyance. In case, the petitioner defaults in making payment of the balance amount as indicated by the Bank, it shall be at liberty to start recovery proceedings after a period of four weeks from date. 7. With the aforesaid directions, the writ petition is disposed of." 3. The respondent Bank has provided the details to the petitioner and according to the petitioner certain miscellaneous charges have been levelled which are exorbitant in nature. 4. Upon perusal of miscellaneous charges and after hearing counsel appearing on behalf of the parties, we are of the view that these miscellaneous charges appeared to be exorbitant, however, this Court cannot go into the issue whether these miscellaneous charges have been correctly levied or not. We are of the view that the respondent Bank should look into the same and for the ends of justice reduce the miscellaneous charges, if possible. 5. Accordingly, the petitioner is directed to visit the respondent Bank and negotiate with the Bank with regard to the miscellaneous charges within one week from date. The respondent Bank is directed to take sympathetic view on the same. 6. Once the charges are reduced by the respondent Bank, the petitioner is directed to make payment of the outstanding dues in four equal monthly installments starting from the month of July 2025. 7. Till the period prescribed for depositing the outstanding amount, the recovery proceedings against the petitioner will be kept in abeyance. However, we make it clear that in case the petitioner defaults in depositing the installments as aforesaid within the stipulated period, it will be open for the respondent Bank to proceed against the petitioner in accordance with law. 8. With the aforesaid directions, the writ petition is disposed of. Order Date :- 8.5.2025 Kuldeep (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad