Rajesh Kumar Vs Managing Director U.P. Sahkari Gram Vikas Banks Ltd. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Rajesh Kumar Vs Managing Director U.P. Sahkari Gram Vikas Banks Ltd. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Auction proceedings pursuant to the notice dated 28.04.2025 published in the daily newspaper 'Hindustan' kept in abeyance, subject to deposit of Rs. 25,000/- within one month and repayment of the remaining dues with interest in four equal quarterly installments; on default, the benefit of the order lapses and the Bank may take appropriate steps for recovery.

Issue for consideration

Whether the auction proceedings pursuant to the notice dated 28.04.2025 published in the daily newspaper 'Hindustan' (annexure no.1 to the writ petition) should remain in abeyance subject to repayment of the outstanding dues by the petitioner. +1 more

Court's answer

Taking into consideration the consent given by the learned counsel appearing on behalf of the Bank, the Court held that no useful purpose would be served to keep the writ petition pending.

Ratio / Principle

The auction proceedings pursuant to the notice dated 28.04.2025 published in the daily newspaper 'Hindustan' shall remain in abeyance subject to the petitioner depositing Rs. 25,000/- within a month from the date of the order.

Key takeaways

The writ petition is disposed of with a direction that the petitioner deposit Rs. 25,000/- out of the total outstanding dues as on today within a period of one month from the date of the order.ratio¶15
The petitioner shall deposit the remaining outstanding amount with interest in four equal quarterly installments.ratio¶15
If the petitioner fails to make payment as per the stipulated schedule, the benefit of this order shall not be available to him and the Bank shall be at liberty to take appropriate steps for recovery of the outstanding dues.

Detailed headnote1 paragraphs

WRIT - C No. 5839 of 2025 (Rajesh Kumar v. Managing Director U.P. Sahkari Gram Vikas Banks Ltd. Lko. and 2 Others), High Court of Judicature at Allahabad, Lucknow Bench, Court No. 3, Syed Qamar Hasan Rizvi, J.; Order Date 11.6.2025 (Neutral Citation 2025:AHC-LKO:35286). The petitioner, who took an agricultural loan of Rs. 40,000/- in 2012 and had repaid Rs. 40,000/- till date but could not deposit the remainder owing to financial constraints, questioned auction proceedings in pursuance of a notice dated 28.04.2025 published in the daily newspaper 'Hindustan'. With counsel for the Bank consenting to repayment in four quarterly installments, the Court found no useful purpose in keeping the petition pending and disposed of it, directing that the auction proceedings remain in abeyance subject to deposit of Rs. 25,000/- within one month and payment of the remaining amount with interest in four equal quarterly installments; on failure to pay as scheduled, the benefit of the order is lost and the Bank may take appropriate steps for recovery of the outstanding dues.

Neutral Citation No. - 2025:AHC-LKO:35286

Court No. - 3

Case :- WRIT - C No. - 5839 of 2025

Petitioner :- Rajesh Kumar

Respondent :- Managing Director U.P. Sahkari Gram Vikas Banks Ltd. Lko. And 2 Others

Counsel for Petitioner :- Vanshraj Dubey,Sandeep Soni Counsel for Respondent :- Vinod Kumar Singh

Hon'ble Syed Qamar Hasan Rizvi,J.

Heard Sri Vanshraj Dubey, learned counsel for the petitioner and Sri Vinod Kumar Singh, learned counsel for the U.P. Sahkari Gram Vikas Bank/opposite parties.

The submission of the learned counsel for the petitioner is that he took an agricultural loan amounting to Rs. 40,000/- in the year 2012 and out of which he has repaid Rs. 40,000/- till date. He further submits the due to some financial constraints, he could not deposit the remaining amount in time.

Learned counsel for the petitioner submits that the petitioner is ready to repay the remaining loan amount within a maximum period of one year, in easy installments.

Learned counsel appearing on behalf of the Bank submits that he has no objection in case the petitioner repays the remaining loan amount in four quarterly installments.

Taking into consideration the aforesaid consent given by the learned counsel appearing on behalf of the Bank, this Court is of the view that no useful purpose would be served to keep the writ petition pending.

In view of aforesaid, the auction proceedings in pursuance of the notice dated 28.04.2025 published in the daily newspaper 'Hindustan', as contained in annexure no.1 to the writ petition,

shall remain in abeyance subject to the deposition of the amount of Rs. 25,000/- within a month from today.

Accordingly, the writ petition is disposed of with a direction that the petitioner shall deposit an amount of Rs. 25,000/- out of the total outstanding dues as on today, within a period of one month from the date of this order and shall deposit the remaining amount with interest in four equal quarterly installments.

It is provided that in case if the petitioner fails to make the payment as per the schedule stipulated herein above, the benefit of this order shall not be available to him and the Bank shall be at liberty to take appropriate steps for recovery of the outstanding dues.

With the aforesaid observation/direction, the present writ petition is disposed of .

Order Date :- 11.6.2025 Abhishek Gupta

Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench