Partly allowed

Raj Kumar Yadav v. State of U.P. and 3 Others

Allahabad HC23 Oct 2019WRIC/34079/2019

Case brief

AI extract

What is this about?

The court, with parties consent, disposed of the petition concerning a bank auction notice. The petitioner was directed to deposit a partial sum immediately and pay the balance in four monthly installments by the end of the specified months in 2019 and 2020.

What did the court decide?

Direction to deposit Rs. 7,68,764/- on 16.11.2019 and balance Rs. 20,00,000/- in four equal installments of Rs. 5,00,000/- by end of Dec 2019 to March 2020.

Raj Kumar Yadav Vs State of U.P. and 3 Others — Execution and Attachment | Allahabad HC (2019)

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Court No. - 29

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Case :- WRIT - C No. - 34079 of 2019

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Petitioner :- Raj Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Singh Yadav Counsel for Respondent :- C.S.C.,Habib Ahmad

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Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.

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Heard Sri Kamal Singh Yadav, learned counsel for the petitioner and Sri Habib Ahmad, learned counsel for Allahabad Bank.

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The petitioner is challenging the auction notice dated 14.10.2019 whereunder his property has been notified for auction on 16.11.2019 for non-payment of outstanding amount of Rs. 27,68,764/-.

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Learned counsel for the petitioner submits that the petitioner is ready and willing to pay the entire amount with up to date interest provided adjustment is given of the amount that has been deposited by him and that has been withdrawn from his fixed deposits earlier.

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The petitioner also prays that he may be allowed some reasonable time to deposit the same.

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Sri Habib Ahmad also wants to avoid prolonging the recovery proceedings or even the auction as it give rise to litigation. He, therefore, insists that the petitioner may be allowed to deposit the amount within a reasonable time as may be determined by the Court.

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In view of the aforesaid facts and circumstances, with the consent of the parties, we dispose off the writ petition with the direction to the petitioner to deposit a sum of Rs. 7,68,764/- on or before 16.11.2019 and the balance amount of Rs. 20,00,000/in four equal installments of Rs. 5,00,000/- each to be payable by the end of December, 2019, January, 2020, February, 2020 and March, 2020 respectively.

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Any amount deposited by the petitioner as mentioned above would be given adjustment and the interest accruing on the aforesaid outstanding amount during this period would be added in the last installment.

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In the event of default in payment of any of the installments as fixed above, the benefit of this order would come to an end automatically.

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The writ petition stands disposed off with the above observations.

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Order Date :- 23.10.2019 Nirmal Sinha

Raj Kumar Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Raj Kumar Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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