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2025 DAILYLAW 99389 (ALL)

SARJEET KAUR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/33306/2025 · 2025-09-21

Prakash Padia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33306 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent-State and Shri Vijay Prakash Mishra, learned counsel for the respondent no.4-bank. 2. With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage without calling for a counter affidavit. 3. The certificate of recovery issued under Section 11-A of the U.P. Agricultural Credit Act, 1973 dated 29.02.2024 by the Branch Manager, Bank of Baroda for recovery of a sum of Rs.9,03,000/- plus interest is under challenge in the present writ petition. 4. The petitioner had taken a loan for agricultural purpose. It is admitted to the petitioner that a default has been committed by the petitioner in making timely repayments of that loan. Consequently, recovery proceedings have been initiated against him. 5. Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire recovery amount within the time fixed by this Court. 6. Learned counsel appearing for the respondent bank states that as on 13.09.2025 a sum of Rs.14,21,591/- is due against the petitioner. It is further argued that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the Versus Counsel for Petitioner(s) : Sanjay Rajpoot Counsel for Respondent(s) : Anadi Krishna Narayana, C.S.C. Sarjeet Kaur And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) petitioner by the bank. 7. On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with the following directions: (i) By way of first installment, the petitioner shall deposit Rs. 1,00,000/- on or before the date 31.10.2025. (ii) On depositing the aforesaid amount of Rs.1,00,000/-, the respondent bank shall provide a statement of account to the petitioner within two weeks thereafter disclosing the exact amount disbursed by the bank as loan; exact amount/s repaid by the petitioner together with dates of deposit; rate of interest and amount/s of interest charged by the bank. Such statement be expressed in such terms/language as may be easy to comprehend even by a lay-man such as the petitioner. (iii) The bank shall in the statement so supplied, itself calculate & indicate the amount/s of each installment together with the date of payments due. (iv) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining six equal quarterly installments from 01.01.2026 onwards. (v) If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. (vi) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage. (vii) The last installment would be deposited with balance amount and upto date interest. September 22, 2025 Pramod Tripathi WRIC No. 33306 of 2025 2 (Prakash Padia,J.) Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad