Amohit Kumar v. State Of U.P. And 2 Others
Case at a glance
Outcome
Disposed of
Accordingly, the writ petition is disposed of with the following
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 44. Accordingly, the writ petition is disposed of with the following directions: (i) The petitioner shall clear the entire arrears due, within a period of six months i.e. not later than 31 March 2026. (ii) In discharge of dues, the petitioner shall deposit, by way…
Judgment
: Arun Kumar Srivastava : Abhishek Ahuja, C.S.C. Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J.
Heard Sri Arun Kumar Srivastava, learned counsel for the petitioner, learned Standing Counsel for the State and Sri Abhishek Ahuja learned counsel for the respondent - Bank.
Petitioner has committed default in repayment of secured debt to the respondent-Bank. Bank has initiated proceedings.
At the outset, petitioner has offered to pay the outstanding amount Rs. 13,53,764/- together with entire interest due, within a period of six months. This offer has been accepted by learned counsel for the respondent - Bank.
Operative part
Accordingly, the writ petition is disposed of with the following directions:
(i) The petitioner shall clear the entire arrears due, within a period of six months i.e. not later than 31 March 2026.
(ii) In discharge of dues, the petitioner shall deposit, by way of first installment, a sum of Rs. 3,53,764/- with the respondent - Bank, on or before 31 October 2025.
(iii) Upon deposit of Rs. 3,53,764/- by the petitioner, the respondent - Bank shall immediately communicate to the petitioner the exact amount being claimed from him including interest computation upto February, 2026 (on reducing balance).
(iv) Petitioner shall thereafter deposit two installments of Rs. 5,00,000/- 2 WRIC No. 34845 of 2025 each payable on or before 31 December 2025 and 31 March 2026.
(v) The remaining amount together with interest claimed by the respondent - Bank may be paid, by way of last installment, on or before 31 March 2026.
Subject to continued compliance of this order being made by the petitioner, 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 disturbed.
Any other amount that may have been deposited by the petitioner pursuant to the impugned demand notice, may be adjusted against the last deposit to be made under this order.
Subject to full compliance being made by the petitioner to the terms of this order, no further amount can be recovered from the petitioner either by way of legal expense and other charges as the entire amount has been paid under the directions issued under Article 226 of the Constitution of India.
Petitioner undertakes to abide by the terms of this order and not to press his objections and statutory proceedings under the SARFAESI Act. October 7, 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?
Constitution of India — art. 226.
Which court decided this case, and when?
Allahabad High Court, on 31 Mar 2026. The bench was SAUMITRA DAYAL SINGH, INDRAJEET SHUKLA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.