MOHD BAHAR ALAM AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/24741/2025 · 2025-08-12
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79808 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79808 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:137809-DB Court No. - 3 Case :- WRIT - C No. - 24741 of 2025 Petitioner :- Mohd Bahar Alam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamesh Kumar Arya Counsel for Respondent :- C.S.C.,Ramesh Kumar 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 Ms. Sakshi Shukla, learned counsel, holding brief of Mr. Ramesh Kumar Shukla, learned counsel appearing on behalf of the respondent-Bank.
2. Counsel on behalf of the petitioner has stated that the petitioner had taken loan but the same could not be repaid as per the terms of the agreement. Learned counsel appearing for the petitioner 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 Bank, on instructions, submits that the total amount due against the petitioner as on July 29, 2025 is Rs.9,19,733/-. She, however, states that the Bank 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 25% of the aforementioned due amount shall be made by the petitioners within a period of one month 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 four equal monthly installments starting from November, 2025.
6. Till the period prescribed for depositing the aforesaid amount, the recovery proceedings against the petitioner 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 :- 13.8.2025 DKS (Praveen Kumar Giri,J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad