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Neutral Citation No. - 2025:AHC:88202-DB Court No. - 40 Case :- WRIT - C No. - 16759 of 2025 Petitioner :- Ali Bahadur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd Rehan Ansari,Pradeep Kumar,Shama Firdaus Counsel for Respondent :- C.S.C.,Maneesh Mehrotra Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel for the parties. 2. Counsel appearing 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 March 10, 2025, was issued to the petitioner for putting forth his case, in Case No. D202512130000457, under Section 14(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, by the respondent No. 4, the Upper Ziladhikari, Judicial, Bareilly, for auction of the mortaged property. It is stated that a sum of Rs.8,95,926.83, is the total amount due to be paid by the petitioner to the bank. However, 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 two equal monthly installments. 3. It is also apprised that till date no auction has taken place with regard to the mortgaged property. 4. Counsel appearing on behalf of the respondent-bank submits that 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 30% of the total sum due shall be made by the petitioner by the June 30, 2025. The balance amount, which shall include the balance interest and expenses incurred by the bank for SARFAESI proceedings initiated against the petitioner, shall be paid by the petitioner in two equal monthly installments starting from August, 2025. (ii) Till the period prescribed for depositing the aforesaid amount, no recovery proceedings shall be initiated against the petitioner and in case already initiated, the same 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 and if already initiate to execute the same. 5. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 23.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad