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Neutral Citation No. - 2025:AHC:107360 Court No. - 33 Case :- WRIT - C No. - 21016 of 2025 Petitioner :- Ramhit Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Praveen Kumar Singh Counsel for Respondent :- C.S.C.,Manoj Nigam Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 & 2 and Shri Monoj Nigam, learned counsel for the respondent-bank. 2. With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage without calling for a counter affidavit. 3. By this writ petition, the petitioner has prayed for quashing of auction notice dated 30.04.2025 issued by respondent no.4. 4. The petitioner had taken a loan for agricultural purpose. It is admitted to the petitioner that a default has been committed by the petitioner in making timely repayments of that loan. Consequently, recovery proceedings have been initiated against him. It is stated in the aforesaid auction notice that a sum of Rs.3,79,955/- is due upon the petitioner. 5. Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire recovery amount within the time fixed by this Court. 6. Learned counsel appearing for the bank fairly states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank. It is further stated by him on the basis of instructions that as on date 27.05.2025 Rs.3,44,524/- is due against the petitioner. 7. On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with the following directions: (i) By way of first installment, the petitioner shall deposit Rs.50,000/- on or before the date 15.08.2025. (ii) On depositing the aforesaid amount of Rs.50,000/-, the respondent bank shall provide a statement of account to the petitioner within two weeks thereafter disclosing the exact amount disbursed by the bank as loan; exact amount/s repaid by the petitioner together with dates of deposit; rate of interest and amount/s of interest charged by the bank. Such statement be expressed in such terms/language as may be easy to comprehend even by a lay-man such as the petitioner.
(iii) The bank shall in the statement so supplied, itself calculate & indicate the amount/s of each installment together with the date of payments due. (iv) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining three equal quarterly installments by 01.11.2025, 01.02.2026 & 01.05.2026. (v) If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. (vi) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage. 8. It is made clear that the remaining interest will also be paid by the petitioner while depositing the last installments. Order Date :- 8.7.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad