Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71013 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71013 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:105857-DB Court No. - 3 Case :- WRIT - C No. - 20926 of 2025 Petitioner :- Ram Niwas And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rakesh Kumar Mishra Counsel for Respondent :- C.S.C.,Sanjai Singh Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel appearing on behalf of the petitioners, learned Standing Counsel appearing on behalf of the State respondent and Sri Sanjai Singh, learned counsel appearing on behalf of the respondent Bank. 2. Counsel on behalf of the petitioners has stated that the petitioners had taken loan but the same could not be repaid as per the terms of the agreement. Notices dated April 20, 2025 and January 2, 2024 have been issued by the respondents to which challenge has been made in the instant writ petition. Counsel appearing for the petitioners has further stated that the petitioners are ready and willing to deposit the amount due against them in case they are 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 January 19, 2025, i.e. Rs.21,29,583.81, if the petitioners deposit 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 petitioners in three equal monthly installments starting from September, 2025. 6. Till the period prescribed for depositing the aforesaid amount,
the recovery proceedings against the petitioners will be kept in abeyance. However, we make it clear that in case the petitioners default 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 petitioners in accordance with law. 7. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 7.7.2025 Rakesh (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad