M/S VIJAY CANE CRASHER THRU. PROPRIETOR VIJAY KUMAR VERMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF FINANCE LKO. AND 3 OTHERS
WRIC/2262/2025 · 2025-03-07
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126537 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126537 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14289-DB Court No. - 9 Case :- WRIT - C No. - 2262 of 2025 Petitioner :- M/S Vijay Cane Crasher Thru. Proprietor Vijay Kumar Verma Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Finance Lko. And 3 Others Counsel for Petitioner :- Shivam Shukla,Prabhat Kumar,Satyendra Kumar Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and Shri Prashant Kumar Srivastava who appears on behalf of respondents no.2 and 3. This petition has been filed with the following main prayers :- i. issue a writ, order or direction in the nature of Mandamus commanding/ directing the respondent to decide the representation of the petitioner dated 08.10.2025 and grant reasonable time to the petitioner to clear the outstanding dues and stay the operation of the auction notice dated 19.03.2025. ii. Restrain the bank from proceeding with the auction of the petitioner’s property.” A preliminary objection has been raised by the learned counsel appearing for the Bank that the petitioner in the garb of getting decided his representation, has, in fact interfered in recovery proceedings initiated under SARFAESI Act. He has pointed out prayer no.2 of the writ petition. From a perusal of the petition we find that the petitioner has taken a loan from the opposite parties no.2 and 3 when the Bank proceeded to recover the same he approached this Court but he did not comply with the order passed by this Court and only made part payment. The Bank thereafter proceeded in accordance with SARFAESI Act and relevant rules. In this view of the matter we find no good ground to show interference as prayed for. Writ petition is accordingly dismissed. Order Date :- 7.3.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench