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2025 DAILYLAW 114398 (ALL)

SMT. CHHAYA SHARMA AND ANOTHER v. DISTT. MAGISTRATE COLLECTOR LKO AND 5 OTHERS

WRIC/72/2025 · 2025-01-03

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:459-DB Court No. - 2 Case :- WRIT - C No. - 72 of 2025 Petitioner :- Smt. Chhaya Sharma And Another Respondent :- Distt. Magistrate Collector Lko And 5 Others Counsel for Petitioner :- Hari Bux Singh,Verender Kumar Tiwari Counsel for Respondent :- C.S.C.,Ajit Singh,Deepak Singh Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Heard. Petitioner says that he had never taken the loan and accordingly, he has challenged the order dated 06.12.2024 passed by Additional District Magistrate (Judicial), Lucknow under Section 14 of the SARFAESI Act, 2002. The petitioner is an alleged borrower. The remedy, if any, is before the D.R.T. The factual issue as to whether the petitioner had taken the loan cannot be gone into under Article 226 of the Constitution of India. Petitioner may avail the said remedy but this petition is not maintainable at this stage. Accordingly, the petition is disposed of with liberty aforesaid. If any securitization application has been filed before the D.R.T., the application for preponing the hearing or hearing of the proceedings or the interim relief application as the case may be can be filed which shall be heard accordingly at the earliest. (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 3.1.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench