Dismissed

Khudbhud v. State of U.P. and 3 Others

Allahabad HC2 Aug 2024WRIC/22245/2024

Case brief

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What is this about?

This petition contested an attachment order for bank recovery. The petitioner admitted liability and offered installment payment. The High Court dispensed with issuing a notice to the bank and granted liberty to apply for installment payment, with provisions for reinstating the attachment upon default.

What did the court decide?

Liberty granted to petitioner to deposit outstanding amount and interest in six equal monthly installments; liberty to respondents to apply for recall/variation.

Khudbhud vs State of U.P. and 3 Others — Banking and Recovery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:124742-DB

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Court No. - 21

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Case :- WRIT - C No. - 22245 of 2024

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Petitioner :- Khudbhud Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Bali Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Manish Kumar Nigam,J.

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1.The instant petition has been filed praying for quashing of the attachment order dated 04.03.2024 issued by Upperzila Sahkari Adhikari, for recovery of the outstanding amount from the petitioner in respect of a financial assistance granted to him by Sahkari Gram Vikas Bank Limited (respondent No. 4).

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Learned counsel for the petitioner submits that the petitioner is ready to pay the entire outstanding dues of the respondent-bank along with upto date interest in installments. He also submits that so far the property has not been sold and therefore, the petitioner may be permitted to repay the outstanding amount and interest.

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Since the petitioner admits his liability and is ready to pay the outstanding dues of the respondent-bank along with upto date interest, therefore, we are of the opinion that no useful purpose would be served in issuing notice to the respondent-bank and keeping the matter pending as it can be disposed of by granting some reasonable time to the petitioner to deposit the amount.

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Accordingly, the instant petition is disposed of as follows:

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a) The petitioner will deposit the outstanding amount of Rs.1,23,248.00 along with upto date interest with the respondentbank in six equal monthly installments.

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b) The first installment will become due and payable on 15 August 2024 and the next installment on 15 of each succeeding month and so on.

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In case of default or in the event, the attached property has already been auctioned then the instant order will be of no avail and it shall be open to the respondents to proceed further in the

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matter in accordance with law.

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In case respondents No. 3 and 4 feel aggrieved by the instant order, they are granted liberty to apply for recall/variation of the same.

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Order Date :- 2.8.2024 Mukesh Kr.

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(Manish Kumar Nigam,J.) (Manoj Kumar Gupta,J.)

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Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad

Khudbhud v. State of U.P. and 3 Others

Case brief

What is this about?

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Khudbhud v. State of U.P. and 3 Others

Case brief

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