WRIC/17751/2026 of KAILASH CHAND Vs STATE OF U.P. AND 5 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17751 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Sri Arnav Rai, learned counsel for the petitioner, Sri Sachin Mishra, learned counsel for the respondents and perused the records. 2. Petitioner who has assailed the order dated 18.03.2026 passed by respondent no. 3, submits that he is ready to pay the entire amount provided he is given some time for clearing the dues. 3. Upon a pointed query being made learned counsel appearing for the respondent bank submits that as per the instructions received from Bank, the total outstanding dues is Rs. 3,24,882.46 as on 04.05.2026 and it is ready to accept the amount if the petitioner pays Rs. 1.5 lacs within 30 days i.e. by 6th June, 2026 and further pays remaining amount in two bimonthly installments. 4. Learned Standing Counsel appearing for the State respondents submits that if the financial institution is agreed to the request made by the borrower then it is the financial institution who is to only support and the State authority has nothing to do in the matter. 5. In view of the above and with the consent of parties, namely, the petitioner and the financial institution through his counsel, we dispose of this petition with the following directions:- (i) Petitioner shall be depositing Rs. 1.5 lacs by 6th June, 2026 with the respondent no. 6 and shall furnish an undertaking on a notarized affidavit Versus Counsel for Petitioner(s) : Arnav Rai, Hemant Kumar Rai, Swati Pandey Counsel for Respondent(s) : C.S.C., Sachin Mishra Kailash Chand .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) that he will be depositing the above amount by 6th June, 2026 and further the entire remaining dues in two bimonthly equal installments. The undertaking shall be furnished to the bank within ten days from today. (ii) In the event, petitioner furnishes above undertaking and makes deposit as directed herein above, the Bank-financial institution, namely, respondent no. 6 shall supply the statement of account regarding dues to be paid by the petitioner in four bimonthly equal installments. The statement of account shall be provided within a week of deposit of amount. (iii) After receiving the statement of account, the petitioner would be depositing the entire remaining dues within two bimonthly installments to begin with from 10th July, 2026. 6. In the event petitioner complies with the aforesaid directions by making deposit of Rs. 1.5 lacs by 6th June, 2026 and furnishing an affidavit, no proceeding shall be pursued by the respondent financial institution as per the undertaking given by its counsel, under the SARFAESI Act, 2002. 7. However, we may clarify that in the event petitioner fails to make deposit of Rs. 1.5 lacs and fails to furnish an affidavit with respondent no. 6 and/or further fails to pay back the dues as directed herein above, the protection granted under this order shall cease to operate and respondent no. 6 shall be at liberty to pursue the remedies available to it by taking measures under Section 13 read with Section 14 of the SARFAESI Act, 2002 and no second writ petition would be entertained in any circumstances, nor any modification application for modification of this order shall be entertained. May 6, 2026 IrfanUddin WRIC No. 17751 of 2026 2 (Indrajeet Shukla,J.)   (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad