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2025 DAILYLAW 125369 (ALL)

SMT. SHASHI BALA MAURYA AND 2 OTHERS v. CANARA BANK THRU. MANAGING DIRECTOR AND CHIEF EXECUTIVE DIRECTOR KARNATAKA AND 2 OTHERS

WRIC/1826/2025 · 2025-02-27

Attau Rahman Masoodi, Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11993-DB Court No. - 1 Case :- WRIT - C No. - 1826 of 2025 Petitioner :- Smt. Shashi Bala Maurya And 2 Others Respondent :- Canara Bank Thru. Managing Director And Chief Executive Director Karnataka And 2 Others Counsel for Petitioner :- Vivek Abhir Counsel for Respondent :- Vinay Shankar Hon'ble Attau Rahman Masoodi,J. Hon'ble Manish Kumar,J. 1. Sri Shyam Kumar Ray, learned Advocate has put in appearance on behalf of opposite parties and filed his Vakalatama, the same is taken on record. 2. Learned counsel for the opposite parties has informed that the mortgaged property against which the loan was obtained by the petitioners has already been auctioned on 21.06.2024 whereafter sale certificate has also been issued on 26.06.2024. 3. In these circumstances, exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India, particularly when a remedy under Section 17 of the SARFAESI Act is available to the petitioners is uncalled for. 4. Learned counsel for the petitioners has submitted that the Debt Recovery Tribunal is not functional as on date due to the office of Presiding Officer being vacant. 5. Learned counsel for the opposite parties has informed that the Debt Recovery Tribunal is very much functional on appointment of the presiding officer recently, therefore, the submission made by the learned counsel for the petitioners has no force. 6. It is open for the petitioners to avail appropriate remedy before the competent forum and in case any such proceedings are initiated, the same are directed to be decided expeditiously, in accordance with law. 7. The writ petition is disposed of . . [Manish Kumar,J.] [Attau Rahman Masoodi,J.] Order Date :- 27.2.2025/S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench