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2025 DAILYLAW 91432 (ALL)

DIVAKAR GUPTA v. STATE OF U.P. AND 3 OTHERS

WRIC/31443/2025 · 2025-09-16

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31443 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 petitioner, learned Standing Counsel appearing on behalf of the State respondent and Sri Ashok Kumar Singh, learned counsel appearing on behalf of the respondents Bank. 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. A possession notice dated August 7, 2025 has been issued by the respondents to which challenge has been made in the instant writ petition. 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. 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.20,17,570/-, if the petitioner deposits 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 directions 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 six equal monthly installments starting from January, 2026. 6. Till the period prescribed for depositing the aforesaid amount, the recovery proceedings against the petitioner will be kept in abeyance. Versus Counsel for Petitioner(s) : Deepak Kumar Dubey, Yadavendra Dwivedi Counsel for Respondent(s) : Ashok Kumar Singh, C.S.C. Divakar Gupta .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) However, we make it clear that in case the petitioner defaults in depositing 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 17, 2025 Rakesh WRIC No. 31443 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad