Shri. Kanwar Pal Singh & Anr. v. State Of U.P. And 3 Others
Case at a glance
Outcome
Disposed of
Accordingly, the writ petition is disposed of with the following
Provisions considered
Key paragraphs
- Para 44. Accordingly, the writ petition is disposed of with the following directions: (i) The petitioners shall clear the entire arrears due, within a period of 06 months i.e. not later than 28.02.2026. (ii) In discharge of dues, the petitioners shall deposit, by way of first…
Judgment
#1. Heard Ms. Manju Yadav learned counsel for the petitioners and Sri Ashok Kumar Singh learned counsel for the respondent bank.
#2. Petitioners have committed default in repayment of secured debt to the respondent-Bank. Bank has initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. However, no auction has taken place and third party rights have not intervened.
#3. At the outset, petitioners have offered to pay the outstanding amount Rs. 7,47,375/- together with entire interest due, within a period of 06 months. This offer has been accepted by learned counsel for the respondent - Bank.
#4. Accordingly, the writ petition is disposed of with the following directions: (i) The petitioners shall clear the entire arrears due, within a period of 06 months i.e. not later than 28.02.2026. (ii) In discharge of dues, the petitioners shall deposit, by way of first installment, a sum of Rs. 2,00,000/- with the respondent - Bank, on or before 31 October 2025. (iii) Upon deposit of Rs. 2,00,000 /- by the petitioners, the respondent - Bank shall immediately communicate to the petitioners the exact amount being 2 WRIC No. 34306 of 2025 claimed from him including interest computation up to 31.01.2026 (on reducing balance). (iv) Petitioners shall thereafter deposit Rs. 2,50,000 /- on or before 31 December 2025 by way of second installment. (v) The balance amount and the amount of interest being claimed by the respondent - Bank may be paid, by way of last installment, on or before
28.02.2026.
#5. Subject to the continued compliance of the order being made by the petitioners, the auction proceedings may be kept in abeyance so however that the attachment shall continue but the secured asset may not be auctioned and physical possession may not be altered.
#6. Any amount that may have been deposited by the petitioners pursuant to the impugned demand notice, may be adjusted against the deposit to be made under this order.
#7. In case of default of any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage.
#8. Petitioners undertake to abide by the terms of this order and not to press their objections and statutory proceedings under the SARFAESI Act. October 9, 2025 Faraz (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) FARAZ AHMAD High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is disposed of with the following
Which statutory provisions did this judgment involve?
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Which court decided this case, and when?
Allahabad High Court, on 31 Oct 2025. The bench was SAUMITRA DAYAL SINGH, INDRAJEET SHUKLA.
Precedent status how later indexed judgments have treated this case
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