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Allahabad High Court

SURMUKH SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is disposed of, with the bank directed to provide the loan statement, agreement copy, and fix monthly instalments, and the cap on recovery to be considered per the loan agreement.

Summary

Surmukh Singh filed a writ petition against the State of Uttar Pradesh and a bank seeking relief regarding the recovery of a loan. The parties agreed to dispose of the petition in line with a prior order in Baijanth v. State of U.P. (Writ‑C No. 10013 of 2026). The Court considered the cap on recovery in light of the loan agreement, relying on the precedent set in Anjani Kumar v. Zila Adhikari (Writ Petition No. 1793 (MB) of 2008). It directed the respondent bank to furnish the loan statement, provide a copy of the agreement, and fix monthly instalments for the petitioner. With these observations, the writ petition was disposed of.

Issues considered

  • Whether the cap on recovery of the loan can be determined based on the parties' agreement
  • Whether the bank is obligated to provide the loan statement, agreement copy, and fix monthly instalments

Subjects

  • loan recovery
  • cap on recovery
  • loan agreement
  • monthly instalments
  • writ petition
  • High Court of Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 36457 of 2026

                                    Surmukh Singh
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Varinder Singh
                                    Counsel for Respondent(s)           :   C.S.C., Krishna Mohan Asthana

                                    Court No. - 36
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard learned counsel for petitioner and Sri K.M. Asthana, Advocate

                                    for Respondent-Bank.


                                    2. Learned counsel for parties are in agreement that this writ petition may
                                    be disposed of in terms of order dated 22.07.2026 passed by a Coordinate

                                    Bench of this Court in Baijanth vs. State of U.P. and others (Writ-C

                                    No. 10013 of 2026).


                                    3. So far as cap on recovery is concerned, it would be considered in the

                                    light of agreement between parties as held in a judgment passed by a

                                    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 to the petitioner and can fix monthly installements also.


                                    5. With aforesaid observations, the writ petition is disposed of.


                                                                                (Saurabh Shyam Shamshery,J.)
                                    September 14, 2026
                                    AK




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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