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2025 DAILYLAW 122642 (ALL)

TATACAPITAL HOUSING FINANCE LDT. THRU. ITS AUTHORISED SIGNATORY/POA HOLDER MR. PANKAJ KUMAR SINGH v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME AND 4 OTHERS

WRIC/1653/2025 · 2025-04-02

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18396-DB Court No. - 2 Case :- WRIT - C No. - 1653 of 2025 Petitioner :- Tatacapital Housing Finance Ldt. Thru. Its Authorised Signatory/Poa Holder Mr. Pankaj Kumar Singh Respondent :- State Of U.P. Thru. Its Prin. Secy. Home And 4 Others Counsel for Petitioner :- Ritesh Goel,Aasif Razzaque Khan,Apurva Saxena Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. The Officer ACJM- VII, Court No. 31, Lucknow has submitted his report in pursuance to our order dated 21.03.2025 stating that the order dated 24.02.2025 was never brought to his notice. On being confronted the petitioner's counsel stated that it was given to the Officer by hand during Court proceedings. The Officer has responded that had it been done then it would have been certainly mentioned in his order dated 07.03.2025. The proper course for the petitioner was to file the order along with an application before the Court below. As the petitioner himself wants to withdraw this writ petition as noticed in the earlier order dated 21.03.2025, though, as of now only an order has been passed under Section 14 of the SARFAESI Act, 2002 which has not been implemented as yet, therefore, we dismiss this writ petition as withdrawn with liberty to adopt procedure for implementation of the order dated 21.03.2025, however, with the caveat that a copy of our judgments passed in Writ - C No. 8867 of 2024 and Writ - C No. 9723 of 2024 shall be sent to the District Judge, Lucknow and the CJM, Lucknow for circulating it amongst the Magistrates who are authorized to conduct proceedings under Section 14 of the SARFAESI Act, 2002 for strict adherence. Nothing observed in our earlier order shall be treated as adverse to the carrier of the Additional Chief Judicial Magistrate, VII, Court No. 31 Lucknow. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 2.4.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench