Disposed

Mohd. Imran v. State of U.P. and 2 Others

Allahabad HC6 Jan 2023WRIC/39818/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a loan defaulting petitioner. Allowing agreed payment terms between the parties, the Court directed the petitioner to deposit a portion of the outstanding amount and the remainder in installments within five months.

What did the court decide?

Petitioner directed to deposit 25 percent within 30 days and balance in two installments within five months; arrangement vacated on default.

Mohd. Imran Vs State of U.P. and 2 Others — Banking and Recovery | Allahabad HC (2023)

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Court No. - 21 Case :- WRIT - C No. - 39818 of 2022 Petitioner :- Mohd. Imran Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawan Kumar,Vijay Bahadur Yadav Counsel for Respondent :- C.S.C.,Gyan Prakash Shrivastava

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.

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The instant petition has been filed praying for quashing of the possession notice dated 4.11.2022 and demand notice dated 5.7.2022 issued by respondent no.3 and for a direction to the respondent-Bank to receive the loan amount in easy installments from the petitioner.

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Learned counsel for the petitioner admits that the petitioner had taken loan and that he had defaulted in re-payment of the same in terms of the agreement executed between the parties. He, however, submits that the petitioner is ready to deposit the entire amount in installments.

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Sri Gyan Prakash Shrivastava, learned counsel appearing for the respondentBank, on instructions, states that the respondent-Bank is ready to accept the money in installments, provided 25 percent of the total remaining amount is deposited within 30 days and the remaining amount within next 5 months in two installments.

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Learned counsel for the petitioner agrees to the said proposal.

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Accordingly and in view of the agreement between the parties, the instant petition is disposed of as follows:

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(a) The petitioner shall deposit 25 percent of the total remaining amount within 30 days from today.

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(b) The remaining amount will be deposited in two installments, i.e., each of two and half month, so that the entire liability is cleared within next five months.

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In case of default, the aforesaid arrangement will stand vacated automatically and it shall become open to the respondent-Bank to proceed in the matter in accordance with law.

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Order Date: - 6.1.2023 CS/-

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(Vikram D. Chauhan,J.) (Manoj Kumar Gupta,J.)

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Mohd. Imran v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Mohd. Imran v. State of U.P. and 2 Others

Case brief

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What the court decided

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