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2025 DAILYLAW 90026 (ALL)

M/S WARIS TRADERS AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIC/29741/2025 · 2025-09-07

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29741 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard learned counsel appearing on behalf of the petitioners, 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 petitioners has stated that the petitioners had taken loan but the same could not be repaid as per the terms of the agreement. A notice dated December 12, 2024 has been issued by the respondents to which challenge has been made in the instant writ petition. Learned counsel appearing for the petitioners states that the petitioners are ready and willing to deposit the amount due against them in case they are permitted to do so in easy installments. 3. Counsel appearing on behalf of the respondent Bank submits that the Bank is ready to accept the amount, which is due as on date, i.e. Rs.14,82,375/-, if the petitioners deposit the same in monthly installments. 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 petitioners within a period of four weeks from date. On initial payment being made, the respondent Bank shall provide the statement of account to the petitioners forthwith. Thereafter, the balance amount shall be paid by the petitioners in five equal monthly installments starting from December, 2025. 6. Till the period prescribed for depositing the aforesaid amount, the recovery proceedings against the petitioners will be kept in abeyance. However, we make it clear that in case the petitioners default in depositing the initial amount or thereafter the installments within the Versus Counsel for Petitioner(s) : Virendra Pratap Pal Counsel for Respondent(s) : Abhay Pratap Singh, C.S.C. M/S Waris Traders And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) stipulated period, it will be open for the respondent Bank to proceed against the petitioners in accordance with law. 7. With the aforesaid directions, the writ petition is disposed of. September 8, 2025 Kuldeep WRIC No. 29741 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad