Neutral Citation No. - 2025:AHC:105962 Court No. - 33 Case :- WRIT - C No. - 20921 of 2025 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhijit Mishra,Raj Kumari Tiwari Counsel for Respondent :- C.S.C.,Manoj Nigam Hon'ble Prakash Padia,J. 1. The petitioner has preferred present writ petition inter-alia with the following prayers :- "(i) Issue a writ order or direction in the nature of mandamus commanding respondents to issue no dues certificate in favor of petitioner and the recovery proceeding may be kept in abeyance. (annexure 1 to this writ petition), (ii) Issue a writ order or direction in the nature of Mandamus directing the respondent not to recover collection charges and interest after the order date 12-7-2023, or" 2. Earlier petitioner approached this Court by filing a petition being Writ C No.22074 of 2023, which was disposed by order dated 12.07.2023. The order dated 12.07.2023 reads as follows :- "Heard Mr. Abhijit Mishra, learned counsel for the petitioner and Mr. Sanjai Singh, learned counsel for respondent-Bank. With the consent of learned counsel for the parties, this writ petition is being finally disposed off at this stage without calling for a counter affidavit. The present petition has been filed with the following prayers: "(i) issue a writ, order or direction, in the nature of certiorari quashing the kurki notice/recovery certificate dated 19.05.2023. (ii) issue a writ, order or direction, in the nature of mandamus directing the respondent not to recover collection charges from the petitioner, he is ready to pay the entire amount in easy installments." Learned counsel for the petitioner submits that the petitioner took a loan of Rs.70,000/- from respondent-Bank in the year 2011 for purchasing of cattle. He further submits that due to personal difficulty petitioner could not deposit few installments, therefore, recovery certificate has been issued against him for payment of total amount of Rs.2,30,060/-. Learned counsel for the petitioner further submits that the petitioner is ready and willing to deposit the entire recovery amount in easy installments within the time fixed by this Court. Learned counsel appearing for the Bank fairly states that the Bank is interested in realizing the entire amount alongwith interest and if the petitioner deposits the amount within the time granted by this Court, no further action shall be taken against the him by the Bank. Considering the facts and circumstances of the case and in the interest of justice, the present writ petition is disposed off with the following directions:- (i) Petitioner shall deposit a sum of Rs.30,060/- of the amount on or before 14th August, 2023. Thereafter, the entire balance amount shall be deposited in four equal six monthly installments. (ii) The installments shall be deposited in first week of respective calendar month. (iii) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start recovery proceedings again by taking coercive process to which the petitioner undertakes not to challenge. (iv) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner within fifteen days from the date of deposit of the first installment and in calculating the arrears, the amount (if any) already paid be adjusted. (v) If the entire amount is deposited by the petitioner, as directed above, no recovery charges shall be realized from the petitioner. (vi) If any fact stated by the petitioner is found to be incorrect, it will be open for the authorities to move an application for modification/recall of the order." 3. It is argued by counsel for the petitioner that pursuant to the aforesaid order entire sum has already been paid by the petitioner but till date no dues certificate has not been provided by the respondent-bank hence present writ petition. 4. On the other hand Sri Manoj Nigam, learned counsel for the respondent-bank has placed before this Court a chart under the signature of Branch Manager dated 05.07.2025. According to which as on 05.07.2025 petitioner is liable to make a payment of interest for a sum of Rs.57,274/-. 5. It is admitted by Sri Manoj Nigam, learned counsel for the respondent bank that the amount as per direction given by this Court has been deposited by the petitioner but since certain parts are pending hence certificate was not issued by the respondent- bank. 6. Heard learned counsel for the parties and perused the records. 7. With the consent of learned counsel for the parties, present writ petition is being disposed of at the admission stage. 8. From perusal of the chart provided by Sri Manoj Nigam, learned counsel for the respondent-bank and facts stated above, it is clear that the entire amount has already been deposited by the petitioner. 9. In this view of the matter and also in the interest of justice, present writ petition is disposed of finally directing the petitioner to deposit a sum of Rs.25,000/- with the respondent bank within a period of one month from today. If it is so, the respondent no.4 is directed to provide no dues certificate to the petitioner. 10. Since the aforesaid order is passed only on the basis of equity, the same should not be treated as precedent in future case. Order Date :- 7.7.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad