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2025 DAILYLAW 6947 (ALL)

MANOHAR SINGH v. STATE OF U.P. AND ANOTHER

WRIC/1026/2025 · 2025-01-27

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13923-DB Court No. - 39 Case :- WRIT - C No. - 1026 of 2025 Petitioner :- Manohar Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Mohd. Kamar Shah Alam Counsel for Respondent :- C.S.C.,Dharmendra Vaish Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel and Sri Dharmendra Vaish, learned counsel appearing for the respondent-Bank. 2. The statement of account vis-a-vis the petitioner's loan account has been provided to the petitioner and a copy of it has been provided to the Court. As per the statement of account as on 20.1.2025, Rs. 10,68,801/- were payable by the petitioner. 3. It is stated that the petitioner had taken loan but the same could not be repaid as per the terms of the agreement. A recovery citation dated 6.2.2023 had been issued against the petitioner to which challenge has been made in the instant writ petition. However, at the outset, 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 easy instalments. 4. Sri Dharmendra Vaish, learned counsel for the Bank submits that the Bank is ready to accept the amount due. 5. Having regard to the fact that the petitioner has offered to pay the entire amount due against him and the Bank has agreed to accept the amount, in our view, ends of justice require that the petitioner be granted an opportunity to deposit the entire outstanding amount due against him in the following manner:- (i) Petitioner shall deposit 25% of the amount sought to be recovered within a period of three weeks from today 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 schedule for re-payment of balance amount, after adjusting the amount already deposited. That amount shall thereafter be deposited in four equal instalments in a period of six months. (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 instalments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter instalments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner. 6. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 27.1.2025 PK (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad