M/S YOURAJ ENTERPRISES,LUCKNOW THRU. PROPRIETOR SHRI SATISH YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE VIBHAG LKO. AND 3 OTHERS
WRIC/1200/2025 · 2025-02-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122201 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122201 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8328 Court No. - 7 Case :- WRIT - C No. - 1200 of 2025 Petitioner :- M/S Youraj Enterprises,Lucknow Thru. Proprietor Shri Satish Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Vibhag Lko. And 3 Others Counsel for Petitioner :- Sanjai Kumar Singh,Piyush Trivedi Counsel for Respondent :- C.S.C.,Sharad Kumar Shukla Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the parties and perused the record.
2. The present petition has been filed with the following prayer:-
"(a) Issue a writ, order or direction in the nature of CERTIORARI quashing the Impugned order dated 24.01.25 & order dated 14.10.22 passed by the opposite party no.-3 & 2 respectively (Annexure No.-1&2 to this Petition) and the whole proceeding initiated by the Opposite Party No.-2 to 4 for taking the possession of the house in question. (b) Issue a writ, order or direction in the nature of the MANDAMAS commanding the opp. Parties to receive the due amount in easy installments."
3. The submission of the learned counsel for the petitioners is that despite acceptance of the One Time Settlement(OTS) as given by the petitioners and accepted by the respondent bank vide letter dated 16.02.2024, recovery is being pursued and an
order is being passed under Section 14 of the Securitization and Reconstruction of Security Interest Act, 2022. He argues that the petitioners are ready and willing to pay amount as per the agreement in the OTS.
4. Learned counsel for the respondent bank, based upon instructions states that no amount were deposited in pursuance to the OTS, which was accepted by the bank and the acceptance of the bank of the OTS was never acted upon. However, he has no objection if the petitioners approach the respondent bank for the OTS and fulfilling the terms thereon.
5. In view of the said statement, the present petition is disposed of permitting the petitioners to approach the respondent bank by tomorrow i.e. 11.02.2025 for offering the amount as per the OTS, the bank shall pass orders thereupon within a period of
two weeks. For a period of three weeks, the eviction in pursuance to the order dated 14.10.2022 shall remain stayed. However, in case the OTS application is rejected or the petitioners do not approach the respondent bank, the order dated 14.10.2022 shall be executed forthwith.
Order Date :- 10.2.2025 Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench