Allahabad High Court
MAN SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is disposed, with the respondent bank directed to provide the loan statement, agreement copy, and fix monthly instalments, and the cap on recovery to be governed by the parties' agreement.
Summary
Man Singh filed a writ petition challenging the non‑compliance with an earlier direction dated 26‑August‑2025 in Writ Petition No.29137 of 2025. The petitioner also raised the issue of a cap on loan recovery, seeking guidance on its determination. The court noted that the cap should be considered in light of the parties' agreement, citing the decision in Anjani Kumar v. Zila Adhikari. It further directed the respondent bank to furnish the loan statement, copy of the agreement, and to fix monthly instalments. In view of the coordinate bench order in Baijanth v. State of U.P., the petition was disposed of.
Issues considered
- Has the direction dated 26‑August‑2025 in Writ Petition No.29137 of 2025 been complied with?
- How should the cap on loan recovery be determined?
- Should the writ petition be disposed in accordance with the coordinate bench order?
Subjects
- writ petition
- loan recovery
- cap on recovery
- court order compliance
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35427 of 2026
Man Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Singh, Varun Kumar Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Varun Kumar Srivastava, learned counsel for petitioner and Sri
A.K.Singh, learned Standing Counsel.
2. Learned Standing Counsel submits that earlier direction passed by this
Court dated 26.8.2025 in Writ Petition No.29137 of 2025,
2025:AHC:148002 has not been complied with, still in the interest of justice,
this writ petition is disposed of in terms of order passed by Coordinate
Bench in Baijanth vs. State of U.P. and others, Writ C No. 10013/2026.
3. So far as cap on recovery is concerned, it would be considered in the light
of agreement between the parties as held in a judgment passed by Division
Bench of this Court in Anjani Kumar vs. Zila Adhikari, District Raibareilly
and others, Writ Petition No. 1793(MB) of 2008 decided on 17.08.2010.
4. The respondent-Bank will provide statement of loan, copy of agreement
and can fix monthly installments.
September 8, 2026 (Saurabh Shyam Shamshery,J.)
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
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