MR HARI BABU (BORROWER) AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/33393/2025 · 2025-10-06
Indrajeet Shukla, Saumitra Dayal Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98872 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98872 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33393 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Durvesh Kumar, learned counsel for the petitioners and Sri Ramesh Kumar Shukla, learned counsel for the respondent - Bank. 2. Petitioner has committed default in repayment of secured debt to the respondent-Bank. Bank has initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. However, no auction has taken place. 3. At the outset, petitioners have offered to pay the outstanding amount Rs. 10,75,541/- together with entire interest due, within a period of three months. This offer has been accepted by learned counsel for the respondent - Bank. 4. Accordingly, the writ petition is disposed of with the following directions: (i) The petitioners shall clear the entire arrears due, within a period of three months i.e. not later than 31 January 2026. (ii) In discharge of dues, the petitioners shall deposit, by way of first installment, a sum of Rs. 2,75,541/- with the respondent - Bank, on or before 31 October 2025. (iii) Upon deposit of Rs. 2,75,541/- by the petitioners, the respondent - Bank shall immediately communicate to the petitioner the exact amount being Versus Counsel for Petitioner(s) : Amit Kumar Pandey, Durvesh Kumar Counsel for Respondent(s) : C.S.C., Ramesh Kumar Shukla Mr Hari Babu (Borrower) And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
claimed from him including interest computation upto December, 2025 (on reducing balance). (iv) Petitioners shall thereafter deposit Rs. 4,00,000/- on or before 31 December 2025. (v) The remaining amount together with interest claimed by the respondent - Bank may be paid, by way of last installment, on or before 31 January 2026. 5. Subject to the continued compliance of the order being made by the petitioners, the auction proceedings may be kept in abeyance so however that the attachment shall continue but the secured asset may not be auctioned and physical possession may not be altered. 6. Any other amount that may have been deposited by the petitioners pursuant to the impugned demand notice, may be adjusted against the last deposit to be made under this order. 7.
Subject to full compliance being made by the petitioners to the terms of this order, no further amount can be recovered from the petitioner either by way of legal expense and other charges as the entire amount has been paid under the directions issued under Article 226 of the Constitution of India. 8. The petitioners may be permitted to take out their movable valuables property etc. with the prior permission (in writing) of respondent no.4 on 13.10.2025 at 11:00 a.m. The petitioners undertake to leave the said premises at 2:00 p.m. October 7, 2025 Abhilash WRIC No. 33393 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad