Allahabad High Court
NEENA AGARWALversusBRANCH MANAGER, IDBI BANK LIMITED AND ANOTHER
- Decided
Holding
The court stayed recovery proceedings, ordered the bank to provide a detailed account statement, and allowed the petitioner to discharge the remaining loan amount in two installments within the specified time.
Summary
The petitioner, Neena Agarwal, filed a writ petition seeking relief from recovery proceedings by Idbi Bank Limited after having paid Rs.13,10,000 towards a loan. The petitioner offered to pay the remaining balance but requested a six‑month period to do so. The court noted the payment already made and, in the interest of justice, ordered the bank to furnish a clear statement of account detailing the loan amount, repayments, interest rate, and interest charged. The petitioner was directed to pay the outstanding amount in two equal installments, the first by 1 January 2027 and the second by 15 April 2026, with the final installment covering any balance and accrued interest. The court further held that no recovery charges would be imposed if the petitioner complies, and that coercive action would be stayed, with the order automatically vacating if the conditions are not met. Consequently, the writ petition was disposed with these directions.
Issues considered
- What relief, if any, should be granted to the petitioner regarding the repayment schedule of the loan?
- Whether the bank must provide a detailed account statement to the petitioner.
- Whether recovery proceedings should be stayed pending compliance with the court's directions.
Subjects
- loan repayment
- recovery proceedings
- writ petition
- bank
- account statement
- stay of execution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35942 of 2026
Neena Agarwal
.....Petitioner(s)
Versus
Branch Manager, Idbi Bank Limited And Another
.....Respondent(s)
Counsel for Petitioner(s) : Lok Nath Shukla, Raj Kumar Tiwari,
Shubhanker Tiwari
Counsel for Respondent(s) : Krishna Kant Tiwari
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Pursuant to the order passed by this Court dated 09.09.2026
supplementary affidavit filed today in the Court is taken on record.
2. It is stated in the aforesaid supplementary affidavit that Rs.13,10,000/-
has already been deposited on various dates. The statement of account has
also been appended as Annexure SA-1, which has not been denied by Sri
K. K. Tiwari, learned counsel for the respondent-bank.
3. It is argued by counsel for the petitioner that petitioner is ready and
willing to make the payment of remaining amount but some time may be
granted at least six months.
4. On the facts and circumstances of the case and in the interest of justice,
the writ petition is disposed of with the following directions:
(i) Since the petitioner has already been deposited a sum
of Rs.13,10,000/- with the respondent bank, the respondent-bank is
directed to provide 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.
(ii) Thereafter, the petitioner is directed to deposit the remaining amount
WRIC No. 35942 of 2026
2
in two equal installments. First installment will be paid on or before
01.01.2027 and second installment will be deposited on or before
15.04.2026.
(iii) If the entire amount is deposited by the petitioner as directed above,
no recovery charge shall be realized from the petitioner.
(iv) The last installment would be deposited with balance amount and
upto date interest.
5. Since the amount of Rs.13,10,000/- has already been deposited by the
petitioner hence no coercive action be taken against the petitioner,
however, 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.
(Vivek Saran,J.) (Prakash Padia,J.)
September 29, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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