Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 65767 (ALL)

SRISH CHANDRA SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIC/18701/2025 · 2025-07-10

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:111226-DB Court No. - 3 Case :- WRIT - C No. - 18701 of 2025 Petitioner :- Srish Chandra Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Azad Khan,Prabhav Srivastava Counsel for Respondent :- Anil Kumar Bajpai,Ashish Agrawal,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petition is aggrieved by the recovery certificate dated October 4, 2023 as well as the demand notice dated March 10, 2025 issued by the respondents against him. 3. Counsel appearing on behalf of the respondent Bank submits that Bank has already requested the District Magistrate to withdraw the impugned recovery certificate. 4. In light of the same, it is clear that the recovery certificate has wrongly been issued against the petitioner. Accordingly, the recovery certificate dated October 4, 2023 is quashed and set aside. 5. Counsel appearing on behalf of the petitioner submits that the petitioner is ready to pay the outstanding dues as per the demand, i.e. Rs.66,37,816.24, raised by the respondent Bank. 6. Counsel appearing on behalf of the respondent Bank submits that the Bank is ready to accept the amount, if the petitioner deposits the same in monthly installments. 7. 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. 8. Accordingly, we direct that the initial payment of 25% of the aforesaid due amount shall be made by the petitioner within a period of four weeks from date. On initial payment being made, the respondent Bank shall provide the statement of account to the petitioner forthwith. Thereafter, the balance amount shall be paid by the petitioner in three equal monthly installments starting from October, 2025. 9. 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. 10. With the aforesaid directions, the writ petition is disposed of. Order Date :- 11.7.2025 Kuldeep (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad