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2025 DAILYLAW 79217 (ALL)

M/S UDAY ENTERPRISES AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/24681/2025 · 2025-08-12

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137873-DB Court No. - 3 Case :- WRIT - C No. - 24681 of 2025 Petitioner :- M/S Uday Enterprises And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saral Singh Counsel for Respondent :- C.S.C., Amit Shukla, 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 learned counsel appearing on behalf of the respondent Bajaj Finance Ltd. 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. Learned counsel appearing for the petitioners states 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. Learned counsel appearing on behalf of the Bajaj Finance Ltd., on instructions, submits that the total amount due against the petitioner as on July 5, 2025 is Rs.43,18,233/-. He, however, states that the Bajaj Finance Ltd. is ready to accept the amount due. 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 50% of the aforementioned due amount shall be made by the petitioners within a period of six weeks from date. On initial payment being made, the respondent Bajaj Finance Ltd. shall provide the statement of account to the petitioners forthwith. Thereafter, the balance amount shall be paid by the petitioners in four equal monthly installments starting from November, 2025. 6. Respondent No.4, Bajaj Finance Ltd., has already taken possession of the mortgaged property. They are directed to return the same to the petitioners upon the deposit of the first installment, i.e. 50% of the aforementioned due amount. 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 Bajaj Finance Ltd. to proceed against the petitioners in accordance with law. 7. With the aforesaid directions, the writ petition is disposed of. Order Date :- 13.8.2025 DKS (Praveen Kumar Giri,J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad