AKHTAR KHAN v. MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED
WRIC/25169/2025 · 2025-07-30
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80573 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80573 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:128671-DB Court No. - 29 Case :- WRIT - C No. - 25169 of 2025 Petitioner :- Akhtar Khan Respondent :- Mahindra And Mahindra Financial Services Limited Counsel for Petitioner :- Kamlesh Kumar Yadav Counsel for Respondent :- Ramesh Kumar Shukla Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Shri Sanjiv Yadav holding brief of Shri Kamlesh Kumar Yadav, learned counsel for the petitioner and Shri Ramesh Kumar Shukla, learned counsel for the respondent.
2. With the consent of learned counsel for the parties, this writ petition is being finally decided at this stage without calling for a counter affidavit.
3. By this writ petition, the petitioner has prayed for a mandamus directing the respondent authority not to take any coercive action against the petitioner in pursuance of notice dated 30.6.2025 issued by the respondent. With a further prayer commanding the respondent to take due loan amount in easy installment.
4. Learned counsel for the petitioner submits that on account of financial crisis, there was some disruption of installments but the petitioner is ready to clear the outstanding amount within the time fixed by this Court.
5. Learned counsel appearing for the respondent states that the respondent 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 respondent.
6. On the facts and circumstances of the case and in the interest of justice, we dispose of this writ petition with the following directions: 1) The petitioner shall deposit an amount of Rs. 2,00,000/- by
21.08.2025. On depositing the aforesaid amount, the respondent
shall provide a statement of account within two weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioner. The outstanding amount shall be deposited by the petitioner in six equal quarterly installments. 2) First installment be paid on or before 21.11.2025 and thereafter within every three months. The amount shall be deposited by the petitioner to the respondent. In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and respondent will be at liberty to proceed in accordance with law. Order Date :- 31.7.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad