M/S INFINITE ENTERPRISES v. STATE OF U.P. AND 2 OTHERS
WRIC/35728/2026 · 2026-09-08
Indrajeet Shukla, Prakash Padia
body2026
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[ 2026 DAILYLAW 5005 (ALL) · dailylaw.ai ]
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[ 2026 DAILYLAW 5005 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35728 of 2026 Court No. - 5 HON'BLE PRAKASH PADIA, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 & 2 and Shri K. M. Asthana, learned counsel for the respondent-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 possession cum sale notice dated 05.08.2026 issued by the respondent no.3-Branch Manager, Punjab National Bank, Agra is under challenge in the present writ petition. By the aforesaid notice a demand has been made for a sum of Rs.17,30,271.09/-. 4. It is argued by learned counsel for the petitioner that the petitioner is ready and willing to deposit the amount, if some time is granted to him. It is further argued that he will make the payment of 25% of the aforesaid amount on or before auction proceedings held on 18.09.2026 and remaining amount in easy installments. It is further informed by counsel for the petitioner that auction is scheduled to be held on 18.09.2026. 5. This prayer has not been opposed by learned counsel for the respondent-bank. 6. On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with the following directions: Versus Counsel for Petitioner(s) : Mukesh Chandra Gupta, Shubham Prakash Gupta Counsel for Respondent(s) : C.S.C., Krishna Mohan Asthana M/S Infinite Enterprises .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
(i) By way of first installment, the petitioner shall deposit Rs.5 lacs on or before the date 18.09.2026. If it is so the respondent-bank will not go ahead with the auction proceedings. (ii) On depositing the aforesaid amount of Rs.5 lacs, 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 three equal quarterly installments from 01.01.2027 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 9, 2026 Pramod Tripathi WRIC No. 35728 of 2026 2 (Indrajeet Shukla,J.) (Prakash Padia,J.) Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad