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2025 DAILYLAW 81842 (ALL)

NAZIA PARVEEN v. STATE OF U.P. AND 4 OTHERS

WRIC/25619/2025 · 2025-08-03

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131863-DB Court No. - 3 Case :- WRIT - C No. - 25619 of 2025 Petitioner :- Nazia Parveen Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ganesh Shanker Srivastava,Hemant Kumar,Rijwan Ahmad Counsel for Respondent :- A.S.G.I.,Anadi Krishna Narayana,C.S.C.,Gaurav Kumar Chand With Case :- WRIT - C No. - 25554 of 2025 Petitioner :- M/S Homeo Remedies Proprietor Mrs Nazia Parveen Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ganesh Shanker Srivastava,Hemant Kumar,Rijwan Ahmad Counsel for Respondent :- A.S.G.I.,Anadi Krishna Narayana,C.S.C.,Gaurav Kumar Chand With Case :- WRIT - C No. - 25666 of 2025 Petitioner :- Aleena International Proprietor Mohd. Ali Nawed And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deepak Kumar Srivastava,Ganesh Shanker Srivastava,Hemant Kumar Counsel for Respondent :- A.S.G.I.,Anadi Krishna Narayana,C.S.C.,Gaurav Kumar Chand With Case :- WRIT - C No. - 25558 of 2025 Petitioner :- Mohd. Ali Nawed Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deepak Kumar Srivastava,Ganesh Shanker Srivastava,Hemant Kumar Counsel for Respondent :- A.S.G.I.,Anadi Krishna Narayana,C.S.C.,Gaurav Kumar Chand Hon'ble Shekhar B. Saraf,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel appearing on behalf of the petitioner and Sri Arvind Jaiswal, learned counsel appearing on behalf of the respondent nos.3 and 4. 2. The issue involved in these writ petitions are similar, and accordingly, all these writ petitions are taken conjointly. 3. The petitioner is holding four accounts and has filed these four writ petitions for payment of the total outstanding loan amount in installment. Furthermore, notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been issued in these matter. 4. Learned counsel on behalf of the petitioner has stated that the petitioner has 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. 5. Learned counsel appearing on behalf of the Bank, on instructions, states that the Bank is ready to accept the total outstanding amount due. 6. 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. 7. Accordingly, we direct that the initial payment of 25% of the total outstanding amount shall be made by the petitioner within a period three weeks from date. On initial payment being made, the respondent Bank shall provide the statement of accounts to the petitioner forthwith. Thereafter, the balance amount shall be paid by the petitioner in four equal monthly installments starting from October, 2025. 8. 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. 9. With the aforesaid directions, these writ petition are 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