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2025 DAILYLAW 72719 (ALL)

OMKAR v. STATE OF U.P. AND ANOTHER

WRIC/21930/2025 · 2025-07-17

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116843 Court No. - 33 Case :- WRIT - C No. - 21930 of 2025 Petitioner :- Omkar Respondent :- State of U.P. and Another Counsel for Petitioner :- Mohd. Kamar Shah Alam Counsel for Respondent :- C.S.C.,Sanjai Singh Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent No.1 and Shri Sanjay Singh, 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 recovery citation dated 06.09.2024 issued by the respondent no.2. 4. The petitioner had taken a loan of Rs.3,00,000/- (three lacs) for agricultural purpose. It is admitted to the petitioner that a default has been committed by the petitioner in making timely repayments of that loan. Consequently, recovery proceedings have been initiated against him. 5. Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire recovery amount within the time fixed by this Court. 6. 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. 7. 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 four equal quarterly installments from 01.11.2025 onwards. (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. (vii) The last installment would be deposited with balance amount and upto date interest. Order Date :- 18.7.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad