M/S DWIVEDI AUTO PARTS AND DWIVEDI OIL v. STATE OF U.P. AND 3 OTHERS
WRIC/19490/2025 · 2025-07-16
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66871 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:116337 Court No. - 33 Case :- WRIT - C No. - 19490 of 2025 Petitioner :- M/S Dwivedi Auto Parts And Dwivedi Oil Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Meenendra Tripathi Counsel for Respondent :- C.S.C.,Habib Ahmad Hon'ble Prakash Padia,J.
1. Recovery notice dated 30.09.2024 issued by the respondent no.3-Tehsildar, Tehsil Sadar, District Fatehpur by which direction was given for recovery a sum of Rs. 2231981/- from the petitioner. 2. Petitioner has preferred the present writ petition inter-alia with the prayer to quash the citation dated 30.09.2024 issued by the respondent no.3-Tehsildar, Tehsil Sadar, District Fatehpur. 3. By the aforesaid notice, the petitioner was directed to deposit a sum of Rs. 2231981/- along with other expenses. 4. On the basis instructions, it is informed by the learned counsel for the respondents-Bank that as on 10.06.2025, a sum of Rs. 2231981/- is due against the petitioner. 5. In this view of the matter and also in the interest of justice, the respondent no.4 is directed to provide a fresh Bank statement of account before 21.08.2025, if it is so, petitioner will deposit the amount shown and demanded by the respondents-Bank in six equal quarterly instalments with effect from 01.11.2025. 6. Learned counsel for the respondent bank has no objection in case petitioner is ready and willing to make the aforesaid payments in installments. 7. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents No.4-Bank and perused the record. 8. Having regard to the fact that the petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner
:- (i) Petitioner shall deposit Rs.1,50,000/- (One Lac Fifty Thousand) on or before 15.08.2025 with the respondent-Bank. (ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent-Bank shall provide a fresh statement of account after adjusting the amount already deposited. That amount shall thereafter be deposited in six equal quarterly installments. (iii) No recovery charges shall be recovered from the petitioner by the respondent authorities. (iv) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of installments, the recovery proceedings will be kept in abeyance.
In case the petitioner defaults in depositing the initial amount or thereafter installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner. 9. The last installment would be deposited with balance amount and upto date interest. 10. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 17.7.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad