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2025 DAILYLAW 59116 (ALL)

BRIJ KANT AND ANOTHER v. STATE OF U.P. AND ANOTHER

WRIC/15696/2025 · 2025-05-22

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88231-DB Court No. - 40 Case :- WRIT - C No. - 15696 of 2025 Petitioner :- Brij Kant And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Pallavi Rani Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the parties. 2. By an order dated November 23, 2024 in Writ - C No.36421 of 2024 (Brij Kant And 2 Others vs. State of U.P. And 2 Others [Neutral Citation No. - 2024:AHC:183465-DB]), the coordinate Bench of this Court had passed the following order:- "4. Sri K.M. Asthana, learned counsel for the respondent-Bank has no objection to the same. 5. Accordingly and with consent of counsel for the parties, the petition is disposed of as follows: - (a) The petitioners shall deposit 20% of the amount stated in notice under Section 13(2) of the Act by 20th December, 2024. (b) The remaining amount, along with upto date interest, will be deposited in three equal bimonthly installments, so that the entire liability is cleared within next six months. (c) In case of default in complying with the conditions stipulated above, the instant arrangement will stand discharged automatically and it shall become open to the respondent-Bank to proceed further in the matter in accordance with law." 3. It appears that the petitioner has deposited three installments and only last installment that was to be paid, has not been paid by the petitioner as there is dispute with regard to the amount to be paid. 4. Upon perusal of a document at page 26 of this petition, we are of the view that the amount including the interest payable by the petitioners to the bank cannot be decreased by us. 5. However, keeping in mind the willingness of the petitioner for payment of the balance amount, we direct the petitioner to deposit the balance amount of Rs.5,39,909.25/- in following two equal installments:- • The first installment should be paid by the petitioner by June 16, 2025. • The second installment should be paid by July 16, 2025. 5. In case of default in complying with the conditions stipulated above, the instant arrangement will stand discharged automatically and it shall become open to the respondent-Bank to proceed further in the matter in accordance with law. 6. With the above directions, the writ petition is disposed of. Order Date :- 23.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad