EDELWEISS ASSET RECONSTRUCTION COMPANY LTD. THRU. AUTHORISED REPRESENTATIVE v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND 5 OTHERS
/379/2025 · 2025-01-24
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116525 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116525 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4737-DB Court No. - 2 Case :- WRIT - C No. - 379 of 2025 Petitioner :- Edelweiss Asset Reconstruction Company Ltd. Thru. Authorised Representative Respondent :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And 5 Others Counsel for Petitioner :- Shivansh Shukla Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. Heard Shri Shivansh Shukla, learned counsel for the petitioner and Shri Mritunjay Pratap Shukla, learned Additional Chief Standing Counsel for the State. 2. In view of the decision of Hon'ble Supreme Court as referred in our judgement dated 25.10.2024 rendered in Writ- C No. 8867 of 2024; Bank of Baroda Earlier Vijaya Bank Vs. State of U.P. and Ors. notice need not be issued to the opposite parties no. 4, 5 and 6 who are the borrowers, as, they do not have any right of hearing in the proceedings under Section 14 of the SARFAESI Act, 2002 or any proceedings arising therefrom before this Court, though, they have a right to challenge the same under Section 17 of the SARFAESI Act,
2002. 3. Learned Additional Chief Standing Counsel has instructions to inform the Court that the order on the petitioner's application under Section 14 of the SARFAESI Act, 2002 has been passed on 23.01.2025 and the same would be implemented within a reasonable time keeping mind the decision of this Court rendered in the case of Bank of Baroda (supra). 4. Copy of the aforesaid order dated 23.01.2025 shall be provided by Shri Mritunjay Pratap Shukla, learned Additional Chief Standing Counsel to Shri Shivansh Shukla, learned counsel for the petitioner within 24 hours. 5. We dispose of this writ petition with a direction to the opposite party no. 3 to conclude the said proceedings by ensuring handing over of physical possession to the petitioner in the light of our decision referred hereinabove positively within a period of one month unless there is any legal impediment in the form of stay etc. in that case he shall record the same in the order sheet and communicate it to the petitioner in writing. 6. This order is being passed without prejudice to the rights, if any, of the private opposite parties/ borrowers/ guarantors to seek a remedy against the order passed under Section 14 of the SARFAESI Act, 2002 before the Debut Recovery Tribunal. 7.
With the aforesaid observations/directions, the writ petition is finally disposed of. . (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 24.1.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench