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2025 DAILYLAW 127026 (ALL)

PUNJAB NATIONAL BANK THRU. AUTH. OFFICER CHIEF MANAGER MR. DIVYENDU GAURAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 5 OTHERS

WRIC/2241/2025 · 2025-03-10

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14569-DB Court No. - 2 Case :- WRIT - C No. - 2241 of 2025 Petitioner :- Punjab National Bank Thru. Auth. Officer Chief Manager Mr. Divyendu Gaurav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 5 Others Counsel for Petitioner :- Syed Anzar Husain Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. As the borrower/guarantor do not have a right of hearing in the proceedings under Section 14, S.A.R.F.A.E.S.I. Act, therefore, we see no reason to issue notice to the private opp. parties. The petitioner/Punjab National Bank has filed this petition seeking a direction to the opp. party Nos. 2 to 4 to take physical possession of the property in question at the earliest and thereafter hand over the same to the petitioner within the time as specified by this Hon'ble Court. The petitioner's counsel ensures that the Bank official shall be present for taking possession of the secured asset on 28.3.2025, which is the date fixed for the said purpose, as informed by Sri Manish Mishra, Advocate. If for some reason it is not possible to hand over the possession on the said date, it shall positively be done within the next 15 days, unless there is any legal impediment in the form of any stay order etc. with the above observation/direction, this writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 10.3.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench