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2025 DAILYLAW 90609 (ALL)

SMT. PREMA DEVI v. STATE OF U.P. AND ANOTHER

WRIC/30603/2025 · 2025-09-10

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30603 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 parties. 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.9,91,800/-. 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 three weeks 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 December, 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 default in depositing Versus Counsel for Petitioner(s) : Anil Kumar Bind, Indrabahadur Vishwakarma Counsel for Respondent(s) : C.S.C., Satish Chaturvedi, Vivek Mishra Smt. Prema Devi .....Petitioner(s) State of U.P. and Another .....Respondent(s) 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. September 11, 2025 Dev WRIC No. 30603 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad