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2025 DAILYLAW 69717 (ALL)

HAJI ZAKIR v. STATE OF U.P. AND 2 OTHERS

WRIC/20470/2025 · 2025-07-15

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114729-DB Court No. - 3 Case :- WRIT - C No. - 20470 of 2025 Petitioner :- Haji Zakir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Tiwari,Vipin Kumar Tiwari Counsel for Respondent :- C.S.C.,Jainendra Kumar Mishra Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State respondent and Sri Jainendra Kumar Mishra, learned counsel appearing on behalf of the respondent Bank. 2. Counsel on behalf of the petitioner has stated that the petitioner had taken Cash Credit Limit but the same could not be repaid as per the terms of the agreement. The sale notice dated June 9, 2025 has been issued by the respondents to which challenge has been made in the instant writ petition. Learned counsel appearing 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 installments. 3. Counsel appearing on behalf of the respondent Bank submits that the Bank is ready to accept the amount, which is due as on July 3, 2025, i.e. Rs.21,58,707/-, if the petitioner deposits the same in monthly installments. 4. 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. 5. Accordingly, we direct that the initial payment of 25% of the aforementioned due amount shall be made by the petitioner within a period of three 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 September, 2025. 6. 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. 7. With the aforesaid directions, the writ petition is disposed of. Order Date :- 16.7.2025 Kuldeep (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad