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2025 DAILYLAW 86327 (ALL)

JAY DEVI v. STATE OF U.P. AND 3 OTHERS

WRIC/27562/2025 · 2025-08-22

Prakash Padia

body2025

Judgment text

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Court No. - 33 Case :- WRIT - C No. - 27562 of 2025 Petitioner :- Jay Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Kumar Gupta Counsel for Respondent :- Brahmanand Singh,C.S.C.,Satish Chaturvedi Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 to 3 and Sri Brahmanand Singh, learned counsel for respondent No.4/Bank. 2. The petitioner has preferred the present petition with the prayer to direct the respondent-bank/State Bank of India, Etah, Uttar Pradesh to permit the petitioner to deposit the dues in easy installments. 3. Sri B.N. Singh, learned counsel appearing on behalf of respondent no. 4 placed the instructions dated 22.08.2025 today in the Court, the same is taken on record. 4. As per the instructions as on 22.08.2025 Rs. 6,95,622/- is due against the petitioner. 5. It is stated that the petitioner had taken a loan but the same could not be repaid as per the terms of agreement, hence a recovery certificate dated 02.12.2021 had been issued against the petitioner. This writ petition has been filed with the averment that petitioner is ready and willing to deposit the amount, in case he is permitted to do so in easy installments. 6. Having regard to the fact that the petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner. The Bank has also agreed to accept the amount payable. (i) Petitioner shall deposit Rs 1,00,000/- on or before 30th September, 2025 with the respondent-Bank. (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 on or before 15th October, 2025. That amount shall thereafter be deposited in four equal quarterly installments started from 1st December, 2025. Statement of account shall also be furnished to the petitioner. (iii) No recovery charges shall be recovered from the petitioner by the respondent authorities. (iv) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of installments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner. 7. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 23.8.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad