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Neutral Citation No. - 2025:AHC:69194-DB Court No. - 40 Case :- WRIT - C No. - 1682 of 2025 Petitioner :- Sunil Kumar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satendra Kumar Singh,Arvind Kumar Upadhyay,Dilip Kumar Yadav,Suresh Chandra Varma Counsel for Respondent :- Shashi Dhar Sahai,C.S.C.,Satish Chaturvedi Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the petitioner and Sri Shashi Dhar Sahai, learned counsel for 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. An order dated 02.01.2025 has been passed by respondent no.2 against the petitioner to which challenge has been made in the instant writ petition. 3. It is to be noted that on 22.04.2025, the bank has submitted a report that a sum of Rs.34,93,177/- is due and pending against the petitioner. 4. Counsel appearing for the petitioner has brought a bank draft for a sum of Rs.12,50,000/- which is handed over to the counsel for the respondent-bank in Court today. Learned counsel for the petitioner states that the petitioner is ready and willing to deposit the balance amount due against him, in case he is permitted to do so in easy installments. 5. In light of above, the bank is also willing to accept the balance
amount in installments. Accordingly, following order is passed:- (i) After depositing the above amount of Rs.12,50,000/- the petitioner shall make payment of the balance amount in ten equal monthly installments starting from July, 2025. (ii) No recovery charges shall be taken from the petitioner by the respondent authorities. (iii) The interest on the balance amount shall be payable as per calculation and statement produced by the bank to the petitioner. (iv) Since rescheduling has been done by the Court, penal interest should not be imposed upon the petitioner by the bank for the balance amount payable. (v) Till the period prescribed for depositing the aforesaid amount, the recovery proceedings against the petitioner will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter the installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner. 6. With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 1.5.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad