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2025 DAILYLAW 75315 (ALL)

VIKRAM v. STATE OF U.P. AND 4 OTHERS

WRIC/22993/2025 · 2025-08-06

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133989 Court No. - 33 Case :- WRIT - C No. - 22993 of 2025 Petitioner :- Vikram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Maya Pati Pandey Counsel for Respondent :- C.S.C.,Vivek Kumar Rai Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition inter alia with the following reliefs:- "i. issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 11-12-2024 issued by respondent no.5 (annexure no.7 to the writ petition). ii. issue a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive action against the petitioner in pursuance of the impugned notice dated 11-12-2024 issued by respondent no.5 iii- issue a writ, order or direction in the nature of mandamus directing the respondent bank to accept the loan amount in easy installments without imposing the interest and other charges." 2. It is very fairly argued by Sri Ravi Prakash learned counsel holding brief of Sri Vivek Kumar Rai, learned counsel for respondent-bank that the aforesaid notice has already been withdrawn by the bank, hence the petition in respect of prayer nos.1 & 2 has become infructuous. 3. Insofar as the prayer no.3 is concerned. 4. Learned counsel for respondent-bank has placed before this Court, the statement of account of the petitioner, according to which a sum of Rs.3,33,761/- was due in loan account of the petitioner as on 30.06.2025. Apart from the same, demand was also made for a sum of Rs.15,893/- as collection charges and Rs.5000/- as misc. interest. 5. After going through the aforesaid, this Court is prima facie opinion that the collection charges and other charges are liable to be ignored by the bank and demand of the aforesaid is hereby quashed. Insofar as remaining amount is concerned. 6. In such circumstances, no useful purpose may be served in keeping the petition pending or for calling counter affidavit. Accordingly the present petition is disposed of with the consent of parties on the following terms: (i). The petitioner may deposit the entire amount with the respondent-Bank in six quarterly installments. (ii) Rs. 50,000/- shall be paid by 31.08.2025. If on account of any reason the same should not be paid, the aforesaid amount shall be paid on or before 15.09.2025. (iii) 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 six equal installments started w.e.f. 01.10.2025. Statement of account shall also be furnished to the petitioner. (iv) No recovery charges shall be recovered from the petitioner by the respondent authorities. (v) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of installments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner. Order Date :- 7.8.2025 S.K. Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad