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2025 DAILYLAW 86034 (ALL)

PRAVINDRA KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIC/28084/2025 · 2025-09-09

Prakash Padia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28084 of 2025 Court No. - 33 HON'BLE PRAKASH PADIA, J. 1. Pursuant to order dated 21.08.2025 Sri Vivek Kumar Rai, learned counsel put his appearance on behalf respondent no. 2/Bank. 2. The present petition has been filed with the following prayers: "(i) issue a writ, order or direction, in the nature of certiorari quash the Recovery Citation dated 30.10.2024 (Annexure No. 1) issued by the respondent no. 3/Tehsildar, Tehsil-Baraut, District Baghpat. (ii) issue a writ, order or direction, in the nature of mandamus commanding the respondent no. 2/Uttar Pradesh Sahkari Gram Vikas Bank Limited, Branch-Baraut, District Baghpat to accept the remaining amount in easy installment as this Court may fixed for the ends of justice." 3. On the basis of instruction it is argued by Sri Vivek Kumar Rai, learned counsel for the respondent-bank that as on date Rs. 11,85,727/- is due against the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is ready and willing to deposit the entire recovery amount within the time fixed by this Court. 5. Learned counsel appearing for the Bank fairly states that the Bank is interested in realizing the entire amount alongwith interest and if the petitioner deposits the amount within the time granted by this Court, no further action shall be taken against the him by the Bank. Versus Counsel for Petitioner(s) : Mahesh Chandra Maurya, Santosh Kr. Singh Paliwal Counsel for Respondent(s) : C.S.C., Vivek Kumar Rai Pravindra Kumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 6. Considering the facts and circumstances of the case and in the interest of justice, the present writ petition is disposed off with the following directions:- (i) Petitioner shall deposit a sum of Rs. 1,00,000/- on or before 30.09.2025. (ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent-Bank shall provide a fresh schedule for re- payment of balance amount, after adjusting the amount already deposited. Statement of account shall also be furnished to the petitioner on or before 15.10.2025. Thereafter the entire balance amount shall be deposited in six equal quarterly installments started w.e.f 1st December, 2025. (iii) The installments shall be deposited in first week of respective calendar month. (iv) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start recovery proceedings again by taking coercive process to which the petitioner undertakes not to challenge. (v) If the entire amount is deposited by the petitioner, as directed above, no recovery charges shall be realized from the petitioner. (vi) If any fact stated by the petitioner is found to be incorrect, it will be open for the authorities to move an application for modification/recall of the order. (Prakash Padia,J.) September 10, 2025 Arti WRIC No. 28084 of 2025 2 Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad