Suresh Chandra vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Suresh Chandra vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of permitting the petitioner to deposit the outstanding amount of Rs.6,80,493/- in installments: Rs.1,00,000/- by 15th March, 2026 as bona fide, followed by twelve equal monthly installments per a fresh repayment schedule to be provided by the respondent Bank; recovery proceedings kept in abeyance during the deposit period, with liberty to resume recovery upon default; no other charges recoverable from the petitioner.

Issue for consideration

Whether the petitioner, against whom an attachment notice dated 20.1.2025 has been issued for Rs.6,80,493/- on account of unpaid dairy-loan dues, should be permitted to deposit the outstanding amount in installments.

Court's answer

The ends of justice required grant of an opportunity to the petitioner to deposit the entire outstanding amount: a sum of Rs.1,00,000/- by 15th March, 2026 to show bona fide, whereafter the respondent Bank shall provide a fresh schedule for repayment of the outstanding amount in twelve equal monthly installments.

Ratio / Principle

No other charges, if any, shall be recovered from the petitioner by the respondent authorities/Bank.

Key takeaways

During the period of deposit of installments, the recovery proceedings will be kept in abeyance; in case the petitioner defaults in depositing the amount within the stipulated period, it will be open to the respondents to start recovery proceedings against the petitioner.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar, J.) disposed of a writ petition by a dairy-loan borrower against whom an attachment notice dated 20.1.2025 had been issued for Rs.6,80,493/-. Since the petitioner offered to pay the entire outstanding amount and the Bank's counsel raised no objection, the Court directed: (i) deposit of Rs.1,00,000/- by 15th March, 2026 to show bona fide; (ii) fresh schedule of twelve equal monthly installments for the balance by the respondent Bank; (iii) no other charges to be recovered; and (iv) recovery proceedings to remain in abeyance during the deposit period, with liberty to the respondents to commence recovery upon default.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 3236 of 2026

Suresh Chandra

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

Counsel for Petitioner(s)	: Harish Pratap Singh .....Respondent(s)
Counsel for Respondent(s)	: C.S.C., Manoj Nigam

Court No. - 36

HON'BLE ARUN KUMAR, J.

Heard learned counsel for the petitioner, learned Standing Counsel for the respondent State, and Sri Manoj Nigam, learned counsel appearing for the respondent Bank.

It is stated that petitioner has taken loan for Dairy purposes, but the same could not be repaid as per the terms of agreement. A attachment notice dated 20.1.2025 for a sum of Rs.6,80,493/- has been issued against the petitioner. This writ petition has been filed with the averment that petitioner is ready and willing to deposit the amount, in case the petitioner is permitted to do so in installments.

Learned counsel appearing for the respondent Bank has no objection if this Court is permitted the petitioner to deposit the amount in installments.

Having regard to the fact that petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner:-

(i) In order to show bona fide, the petitioner shall deposit a sum of Rs.1,00,000/- by 15th March, 2026.

(ii) After repayment of the aforesaid amount, the respondent Bank shall provide a fresh schedule for repayment of outstanding amount in twelve equal monthly installments.

(ii) No other charges, if any, shall be recovered from the petitioner by the

WRIC No. 3236 of 2026

2

respondent authorities/Bank.

(iii) During the period of deposit of installments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the aforesaid amount within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner.

With the aforesaid observations/directions, the writ petition stands disposed of.

(Arun Kumar,J.)

February 6, 2026

Anil

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