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2025 DAILYLAW 70978 (ALL)

SARVESH KUMAR SARVESH AVASTHI v. STATE OF U.P. AND 3 OTHERS

WRIC/20988/2025 · 2025-07-07

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107672 Court No. - 33 Case :- WRIT - C No. - 20988 of 2025 Petitioner :- Sarvesh Kumar Sarvesh Avasthi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Mohan Pandey,Raj Kishor Pandey 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 to 3 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 26.03.2025 issued by respondent no.4. 4. It is argued by Sri Anand Mohan Pandey, learned counsel for the petitioner that petitioner had taken a loan for a sum of Rs.20,000/- for agriculture purpose on 06.01.2001. Since same was not repaid a recovery certificate dated 07.06.2019 was issued by the respondent no.4 by which direction was given to deposit a sum of Rs.1,21,780/-. Since aforesaid amount was not deposited auction notice dated 26.03.2025 was published by the respondent-bank in which name of the petitioner stand at serial no.30. In the aforesaid notice it is stated that a sum of Rs.2,44,491/- is due upon the petitioner. It is admitted to the petitioner that a default has been committed by the petitioner in making timely repayments of that loan. Learned counsel for the petitioner further submits that the petitioner is ready to deposit the entire recovery amount within the time fixed by this Court. 5. 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 03.07.2025, Rs.3,03,673/- is due against the petitioner. 6. 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. 7. 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