ANIL KUMAR v. CHIEF MANAGER/ AUTHORISED OFFICER, AND ANOTHER
WRIC/15726/2025 · 2025-05-16
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59273 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59273 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:83008-DB Court No. - 40 Case :- WRIT - C No. - 15726 of 2025 Petitioner :- Anil Kumar Respondent :- Chief Manager/ Authorised Officer, And Another Counsel for Petitioner :- Ashish Misra,Rakesh Kumar Tripathi Counsel for Respondent :- Habib Ahmad Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondent Bank.
2. Counsel on behalf of the petitioner has stated that the petitioner had taken a loan but the same could not be repaid as per the terms of the agreement. A demand notice dated February 27, 2023 has been issued against the petitioner. Learned counsel appearing 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 easy installments.
3. Counsel appearing on behalf of the respondent Bank submits that no date for auction has been fixed. He further submits that the Bank is ready to accept the amount, which is due as on today i.e. Rs.33,33,469/-, if the petitioner deposits the same in monthly 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 appropriate direction should be issued.
5. Accordingly, we direct that the initial payment of 25% of the aforementioned due amount shall be made by the petitioner within a period of three weeks from date. The balance amount shall be paid by the petitioner in six equal monthly installments starting from July, 2025.
6. Till the period prescribed for depositing the aforesaid 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 initial amount or thereafter the installments within the stipulated period, it will be open for the
respondent Bank to proceed against the petitioner in accordance with law.
7. With the aforesaid directions, the writ petition is disposed of. Order Date :- 17.5.2025 Kuldeep (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad