CENTRAL BANK OF INDIA THRU. AUTHORIZED OFFICER AKASH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS
WRIC/1087/2025 · 2025-02-07
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121487 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121487 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8093-DB Court No. - 2 Case :- WRIT - C No. - 1087 of 2025 Petitioner :- Central Bank Of India Thru. Authorized Officer Akash Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Yogi Sharma Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard. 2. Learned counsel for the petitioner submits that an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is pending before the Chief Judicial Magistrate, Lucknow. The said application has remained pending since September, 2023 and it is only recently that he has transferred the case to Additional Chief Judicial Magistrate, Lucknow in December,
2023. 3. We have already illustrated the law as to the nature of the proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the procedure to be followed by the concerned officer or the Chief Judicial Magistrate in our judgment and orders dated 25.10.2024 and 14.11.2024 passed in Writ C No.8867 of 2024; Bank of Baroda earlier Vijaya Bank vs. State of U.P. and 8 others and 9723 of 2024; PNB Housing Finance Limited Lucknow vs. State of U.P. and 8 others, respectively. 4. This is the second case where we find that the proceeding under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has remained pending before the Chief Judicial Magistrate, Lucknow. 5. The petitioner is at liberty to place the aforesaid judgements before the Chief Judicial Magistrate, Lucknow or the Court where the proceedings have been transmitted so that the Court below expedites the process and completes the proceedings, strictly in accordance with the aforesaid law. 6. We have already observed in our aforesaid orders that the authorities, whether it be executive authority or the Magistrates, do not appear to be very clear as regards the scope of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the manner in which the same have to be held. Earlier we restrained ourselves from issuing a direction for circulation of the said judgments to the Magistrates in the State of U.P., but now we consider that it is necessary to do so.
7. We, therefore, provide that the High Court may consider on the administrative side the necessity of circulating the said judgments to all the Chief Judicial Magistrates who have been vested the power under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 so that the proceedings are not unnecessarily delayed and there should be clarity in the minds of the Magistrates as to how the proceedings are to be conducted. 8. The Magistrates, before whom the proceedings are pending at Lucknow, shall decide the proceedings at the earliest in the light of what has been stated above. 9. The writ petition is, accordingly, disposed of. 10. Senior Registrar of this Court at Lucknow shall communicate the order to the Registrar (General). (Om Prakash Shukla, J.( (Rajan Roy, J.) Order Date :- 7.2.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench