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Amit Kumar Gupta v. State of U.P. and 3 Others

Allahabad HC16 Jan 2026WRIC/1157/2026

Case brief

AI extract

What is this about?

Allahabad High Court writ order (WRIT - C No. 1157 of 2026, decided 16.01.2026) by Ajit Kumar and Swarupama Chaturvedi, JJ. Petitioner Amit Kumar Gupta challenges recovery against a commercial loan under the U.P. Public Money (Recovery and Dues) Act, 1972, citing Sharda Devi v. State of U.P. (Full Bench, 2002 AIR (All)) and M/s Raghav Food v. State of U.P. (Writ C No. 15261 of 2023, decided 9.5.2023). Respondent bank's counsel sought time for instructions; matter adjourned to 22.1.2026. No holding on merits; useful only to trace the line of authority on the applicability of the 1972 Act to commercial loans.

What the court decided

AI extract

Amit Kumar Gupta vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - C No. - 1157 of 2026

Amit Kumar Gupta

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

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.....Respondent(s)

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Counsel for Petitioner(s)	: Amarendra Kesharwani	Mani, Brijesh	Kumar
Counsel for Respondent(s)	: C.S.C., Krish	na Mohan Asthana
Court No.- 1

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HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J.

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In counter to the argument previously advanced by learned counsel for the petitioner in whcih he has sited two judgments, Sri Asthana, learned panel counsel for the bank has placed before the Court a judgment in the matter of M/s. Babu Ram Ganga Ram Thru Prop. Ram Govind Gupta v. Punjab National Bank, Misc. Bench No. 1729 of 2019 decided on 22.01.2019 and Nighat Parveen v. State of U.P. & 2 Others, Writ - C No. 33406 of 2018 decided on 09.07.2019 to contend that the loan advanced under the Pradhan Mantri MUDRA Yojna (PMMY), a financial scheme floated by Central Government is not a commercial loan as such to wriggle out of the provisions contained under the U.P. Public Money Recovery and Dues Act, 1972.

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Learned counsel for the petitioner wants to study the matter and assist the court on the next date fixed.

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List on 16.02.2026.

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(Swarupama Chaturvedi,J.) (Ajit Kumar,J.)

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January 22, 2026

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IrfanUddin

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Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad