Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 8586 (ALL)

SHREE GANESH AGRO INDUSTRIES v. STATE OF U.P. AND 2 OTHERS

WRIC/36928/2026 · 2026-09-22

Indrajeet Shukla, J J Munir

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36928 of 2026 Court No. - 2 HON'BLE J.J. MUNIR, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard learned counsel for the petitioner and Mr. Krishna Kant Tiwari, learned counsel appearing on behalf of the I.D.B.I. Bank Ltd. 2. The petitioner challenges the notice dated 09.07.2026 issued under Section 13(2) of the SARFAESI Act and the order dated 12.08.2026 rejecting the petitioner's representation under Section 13(3-A) of the SARFAESI Act. 3. The learned counsel for the Bank points out that a notice under Section 13(4) has also been issued. 4. Without adverting to the merits of the case, the learned counsel for the petitioner has come up with an offer to pay the entire outstanding of the loan in easy installments. 5. Learned counsel for the Bank informs us that the total outstanding in the petitioner's loan account which has become a non performing asset as on 07.09.2026 is Rs. 17,35,531.30/-. 6. Learned counsel for the petitioner undertakes on behalf of his client to deposit a sum of Rs. 5 lakhs with the Respondent Bank within 15 days of date i.e. to say on or before 08.10.2026. 7. In view of the agreement between parties, we direct the petitioner to deposit Rs. 5 lakhs with the Respondent Bank within 15 days i.e. on or before 08.10.2026. Versus Counsel for Petitioner(s) : Awesh Kumar Bhardwaj, Surendra Kumar Chaubey Counsel for Respondent(s) : C.S.C., Krishna Kant Tiwari Shree Ganesh Agro Industries .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 8. In the event, the aforesaid sum of money is deposited, recovery proceedings will initially remain stayed for a period of two months. 9. The respondent Bank shall furnish the petitioner with the entire outstandings of his loan after adjusting the deposit on 23.11.2026. 10. On 22.11.2026, the petitioner will deposit 1/4th of the total outstanding then indicated by the Bank. The recovery proceedings will then remain stayed for the next quarter and the second installment would be payable on 23.02.2027. The third installment would be payable on 24.05.2027 and the last/fourth installment on 23.08.2027. 11. In the event deposit according to the aforesaid schedule is made, recovery proceedings shall stand discharged upon deposit of the last installment which shall carry with it any remainder on account of interest and other charges. 12. In the event of default at any stage of adherence to the schedule, the protection against recovery shall stand discharged and the recovery shall resume. 13. The writ petition stands disposed of. 14. Let this order be communicated to the District Magistrate, Ballia and the Branch Manager, I.D.B.I. Bank, Ballia through the learned Chief Judicial Magistrate, Ballia by the Registrar (Compliance). September 23, 2026 Shweta WRIC No. 36928 of 2026 2 (Indrajeet Shukla,J.) (J.J. Munir,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad