M/S INFINITE ENTERPRISESversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 35728 of 2026

M/S Infinite Enterprises
                                                            .....Petitioner(s)
                                   Versus

State Of U.P. And 2 Others
                                                          .....Respondent(s)

Counsel for Petitioner(s)       : Mukesh Chandra Gupta, Shubham
                                  Prakash Gupta
Counsel for Respondent(s)       : C.S.C., Krishna Mohan Asthana

Court No. - 5
                  HON'BLE PRAKASH PADIA, J.
                  HON'BLE INDRAJEET SHUKLA, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for
respondent Nos.1 & 2 and Shri K. M. Asthana, learned counsel for the
respondent-bank.

2. With the consent of learned counsel for the parties, this writ petition is
being finally disposed of at this stage without calling for a counter
affidavit.

3. The possession cum sale notice dated 05.08.2026 issued by the
respondent no.3-Branch Manager, Punjab National Bank, Agra is under
challenge in the present writ petition. By the aforesaid notice a demand
has been made for a sum of Rs.17,30,271.09/-.

4. It is argued by learned counsel for the petitioner that the petitioner is
ready and willing to deposit the amount, if some time is granted to him. It
is further argued that he will make the payment of 25% of the aforesaid
amount on or before auction proceedings held on 18.09.2026 and
remaining amount in easy installments. It is further informed by counsel
for the petitioner that auction is scheduled to be held on 18.09.2026.

5. This prayer has not been opposed by learned counsel for the
respondent-bank.

6. On the facts and circumstances of the case and in the interest of justice,
the writ petition is disposed of with the following directions:
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                                                                    2


                                    (i) By way of first installment, the petitioner shall deposit Rs.5 lacs on or
                                    before the date 18.09.2026. If it is so the respondent-bank will not go
                                    ahead with the auction proceedings.

                                    (ii) On depositing the aforesaid amount of Rs.5 lacs, the respondent bank
                                    shall provide a statement of account to the petitioner within two weeks
                                    thereafter disclosing the exact amount disbursed by the bank as loan;
                                    exact amount/s repaid by the petitioner together with dates of deposit; rate
                                    of interest and amount/s of interest charged by the bank. Such statement
                                    be expressed in such terms/language as may be easy to comprehend even
                                    by a lay-man such as the petitioner.

                                    (iii) The bank shall in the statement so supplied, itself calculate & indicate
                                    the amount/s of each installment together with the date of payments due.

                                    (iv) Thus, the balance amount so indicated by the bank shall be deposited
                                    by the petitioner through the remaining three equal quarterly installments
                                    from 01.01.2027 onwards.

                                    (v) If the entire amount is deposited by the petitioner as directed above,
                                    no recovery charge shall be realized from the petitioner.

                                    (vi) In case of default of the conditions as mentioned above, the present
                                    order shall stand automatically vacated and recovery proceedings shall
                                    revive from that stage.

                                    (vii) The last installment would be deposited with balance amount and
                                    upto date interest.



                                                                     (Indrajeet Shukla,J.) (Prakash Padia,J.)
                                    September 9, 2026
                                    Pramod Tripathi




Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad