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2025 DAILYLAW 81363 (ALL)

DAYARAM v. UNION OF INDIA AND 2 OTHERS

WRIC/25596/2025 · 2025-08-03

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130778-DB Court No. - 3 Case :- WRIT - C No. - 25596 of 2025 Petitioner :- Dayaram Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Anjeet Singh Counsel for Respondent :- A.S.G.I.,Amrish Sahai,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Anjeet Singh, learned counsel appearing on behalf of the petitioner and Sri Amrish Sahai, 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 petitioner is ready and willing to deposit the amount due against him in case he is 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 is Rs.7,00,000/-. He, 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 petitioner within a period of three weeks 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 petitioner in four equal monthly installments starting from October, 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 petitioner 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 petitioner in accordance with law. 7. With the aforesaid directions, the writ petition is disposed of. Order Date :- 4.8.2025 Dev (Prashant Kumar J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad