Neutral Citation No. - 2025:AHC:124055 Court No. - 33 Case :- WRIT - C No. - 23218 of 2025 Petitioner :- Suleman Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narendra Kumar,Rabindra Bahadur Singh Counsel for Respondent :- C.S.C.,Sanjai Singh Hon'ble Prakash Padia,J. 1. Heard learned counsel for the parties. 2. The petitioner has preferred the present petition inter alia with the prayer to quash the recovery notice dated 23.04.2025 issued by respondent no.3. 3. From the perusal of the record it transpires that earlier the petitioner has approached this Court by filing Writ-C No.15042 of 2024 (Suleman Vs. State of U.P. and 2 Others), which was finally decided on 07.05.2024. Order dated 07.05.2024 reads as under:- "1. Heard learned counsel for the petitioner, Sri Piyush Kumar, advocate holding brief of Sri Sanjai Singh learned counsel for the respondent-bank as well as learned Standing Counsel and perused the record. 2. The petitioner has assailed the recovery notice dated 13.02.2024 whereby he has been expected to deposit the loan amount to the tune of Rs.11,57,003/- + interest. 3. It is submitted that petitioner has taken K.C.C. loan from the respondent-bank on 08.08.2019 to the tune of Rs.9,00,000/-. Till date petitioner has deposited Rs.3,55,000/-, however, he could not deposit the entire debt in time owing to his personal difficulties. It is further submitted that the petitioner is ready and willing to pay the aforesaid loan amount, provided that he may be accorded relaxation in depositing the loan dues in easy installments. 4. Learned counsel for the bank has no objection, in case liberty is accorded to the petitioner to deposit the loan amount in easy installments inasmuch as bank is more interested to recover the debt. 5. Having considered the willingness of the present petitioner to deposit the aforesaid amount, no useful purpose would be served to keep this instant writ petition pending, therefore, same is being decided finally without entering into the merits of the case with liberty to the petitioner to deposit the loan dues in easy installments. Accordingly, the present writ petition is finally disposed of and realization/recovery of loan dues amounting Rs.11,57,003/-, as stated by learned counsel for the bank- respondent, subject to the further demand, if any, is hereby stayed and no coercive action shall be taken against the present petitioner under the following conditions :- (a) The petitioner shall deposit Rs.50,000/- within one month from today. After receiving money, as mentioned above, the bank shall furnish the statement of loan account and details of amount (debt) to the petitioner within a week for the remaining loan amount to be deposited by him. (b) After receiving the statement of loan account, for the remaining loan dues, the petitioner shall deposit the said amount in six (06) equal quarterly instalments to be fixed by the bank. (c) In case of default in depositing the instalments, as indicated above, the petitioner shall not be entitled to the benefits of the order of the date and it shall be open to the respondent bank to recover the balance amount in accordance with law. If the deposits are made by the petitioner in terms of this order, he shall not be liable to pay any recovery charges. (d) It is made clear that while depositing the last instalment, the petitioner shall also deposit the interest, if any, incurred during this period. " 4. It is argued by Sri Sanjai Singh, learned counsel for respondent-bank that first condition contained in the order by which the petitioner was directed to deposit a sum of Rs.50,000/- within one month from the date of judgment i.e. 07.05.2024 was not complied by the petitioner, hence the present petition is not maintainable as the same is filed with for the same cause of action. 5. At this point of time, a prayer has been made by learned counsel for the petitioner to dismiss the present petition with liberty to move a proper application in Writ-C No.15042 of 2024 (Suleman Vs. State of U.P. and 2 Others), decided on 07.05.2024. 6. With the above, the present petition is dismissed with the aforesaid liberty. Order Date :- 28.7.2025 S.K. Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad