Gayasuddin vs State Of U.P. And 3 Others
2023 Latest Caselaw 2622 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 47 of 2023
 

 
Appellant :- Gayasuddin
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Jai Singh Yadav,Ram Kishun Misra
 
Counsel for Respondent :- C.S.C.,Sanjai Singh
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

This intra court appeal is against the judgment and order of the learned Single Judge dated 06.01.2023 whereby Writ-C No.39874 of 2022 against a recovery citation has been disposed off by giving liberty to the writ petitioner to approach the bank for the relief of payment in installments.

The learned counsel for the appellant submits that the bank is not accepting the prayer of the writ petitioner for installments and therefore the appellate court itself may fix the installments.

We do not find any justification to interfere with the order of the learned Single Judge as fixation of installment is ordinarily at the discretion of the recovering authority/ bank. Moreover, in the present case, the appellant has not disputed his liability as would appear from paragraph 5 of the writ petition. In such circumstances, we decline to entertain this appeal. The same is dismissed summarily.

Order Date :- 24.1.2023

AKShukla/-