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2025 DAILYLAW 89253 (ALL)

M/S BAJRANG KRIPA AGRO INDUSTRIES PRIVATE LIMITED v. STATE OF U.P. AND 2 OTHERS

WRIC/28999/2025 · 2025-10-07

Indrajeet Shukla, Saumitra Dayal Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28999 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Ms. Shruti Gupta, Advocate holding brief of learned counsel for the petitioner and Sri Ashish Agarwal, learned counsel for the respondent Bank. 2. Present writ petition has been filed to assail the communication dated 20.06.2025 issued by the Chief Manager, Union Bank of India refusing to grant the liberty sought by the petitioner to deposit the balance amount Rs. 68,10,744/- by 30.11.2024, being the balance amount of OTS between the parties. On the face of it, the document dated 20.06.2025 refers to litigation pending between the bank and certain persons described as collaterals of the petitioner. 3. Upon instruction, Sri Ashish Agarwal, learned counsel for the bank states, the request made has not been acceded for reason of lapse of time to make that payment under the OTS scheme. 4. According to him, the last extension was granted on 04.01.2025 whereby only three days' time was granted to the petitioner. Referring to the statement of account annexed to the petition, it has been submitted that the petitioner has made the deposit much later. Versus Counsel for Petitioner(s) : C.S.C., Ramesh Kumar Shukla Counsel for Respondent(s) : Ashish Agrawal, Dhyan Shanker Pandey M/S Bajrang Kripa Agro Industries Private Limited .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 5. Since the reasons cited by learned counsel for the bank are materially different and in fact independent of the reasons cited in the impugned communication, on further query made, learned counsel for the bank states, the bank may be permitted to withdraw the letter dated 20.06.2025 and issue a fresh communication to the petitioner informing the decision of the bank, to the request made by the petitioner, vide its communication dated 16.06.2025. 6. Thus, no useful purpose may be served in keeping the present petition pending or calling for counter affidavit at this stage. Accordingly, the present writ petition is disposed of with the consent of parties with the observation that the letter dated 20.06.2025 be deemed to be withdrawn. The bank authorities shall now apply their mind independently to the request made by the petitioner dated 16.06.2025 and communicate the exact reasons to deal with that request. If the request is to be declined, necessary reasoned communication be made to the petitioner within a period of one month from today. October 8, 2025 Abhilash WRIC No. 28999 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad