M/S DILIP KUMAR AND SONS, PROPRIETOR ANKIT GANGWAR AND ANOTHER v. STATE OF UP AND 3 OTHERS
WRIC/25770/2025 · 2025-08-04
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82069 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82069 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:131537-DB
Court No. - 3 Case :- WRIT - C No. - 25770 of 2025 Petitioner :- M/S Dilip Kumar And Sons, Proprietor Ankit Gangwar And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Radhey Shyam Yadav,Sukesh Kumar Counsel for Respondent :- C.S.C.,Gyan Prakash Shrivastava Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State respondent and 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.51,00,000/-. 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 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 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 defaults 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 :- 5.8.2025 DKS (Praveen Kumar Giri,J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad