Disposed

Sudhir Kumar @ Sudhir Pandey v. State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others

Allahabad HC6 Jan 2023/51/2023

Case brief

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What is this about?

Writ petition filed for quashing a recovery notice. Court directed petitioner to deposit Rs.50,000 promptly followed by quarterly installments of the balance and interest, prohibiting recovery charges if terms are met.

What did the court decide?

Petitioner to deposit Rs.50,000 by 31.01.2023 and balance in four quarterly installments; no recovery charges if terms met; quashing of coercive action pending compliance.

Sudhir Kumar @ Sudhir Pandey Vs State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others — Allahabad HC (2023) — LawSathi Research

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Court No. - 7 Case :- WRIT - C No. - 51 of 2023 Petitioner :- Sudhir Kumar @ Sudhir Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Vikas Verma,Abhishek Srivastava,Shweta Srivastava Counsel for Respondent :- C.S.C.,Balram Yadava

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondents no.1 to 3 and Shri Rajesh Kumar Anand, Advocate, holding brief of Shri Balram Yadav, learned counsel for the respondent no. 4 bank.

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By this writ petition, the petitioner has prayed for quashing the recovery citation/notice dated 29.11.2022 issued by opposite party no.3, a copy of which is Annexure No.1 to the petition.

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Learned counsel for the petitioner submits that petitioner is ready to deposit entire outstanding dues along with up to date interest provided he is given reasonable time.

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Learned counsel for the Bank submits that the Bank is interested in realisation of the amount and in case petitioner deposits the entire amount along with up to date interest within the time fixed by this Court, the Bank has no objection.

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Considering the aforesaid, the writ petition is disposed of with the following directions:-

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(i) The petitioner shall deposit a sum of Rs.50,000/- with the respondent Bank on or before 31.01.2023. On deposit of the said amount, the bank will provide statement of account to the petitioner. Thereafter, the balance amount along with up to date interest shall be paid by the petitioner in four equal quarterly installments. The first installment shall be paid on or before 01.05.2023.

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(ii) The petitioner shall deposit the amount with respondent-Bank and no recovery charges shall be realised from the petitioner.

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(iii) Subject to payment as directed above, no coercive action shall be taken against the petitioner in pursuance of the impugned citation. In the event, the petitioner commits any default in payment of the amount as directed above, the recovery proceedings shall stand revived and the Bank shall be at liberty to proceed against the petitioner in accordance with law.

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Order Date :- 6.1.2023 J.K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Sudhir Kumar @ Sudhir Pandey v. State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others

Case brief

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Sudhir Kumar @ Sudhir Pandey v. State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others

Case brief

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