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2025 DAILYLAW 127485 (ALL)

MOHD. HAMEER v. UNION OF INDIA MINISTRY OF FINANCE DEPTT. OF FINANCIAL SERVICES THRU. SECY. AND ANOTHER

WRIC/2308/2025 · 2025-03-07

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14029-DB Court No. - 9 Case :- WRIT - C No. - 2308 of 2025 Petitioner :- Mohd. Hameer Respondent :- Union Of India Ministry Of Finance Deptt. Of Financial Services Thru. Secy. And Another Counsel for Petitioner :- Jyoti Rajpoot,Gaurav Gupta Counsel for Respondent :- A.S.G.I.,Prashant Kumar Srivastava Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard the learned counsel for the petitioner and Sri S.S. Rajawat, Advocate, who appears for the respondent No.2/ Bank of Baroda. 2. This petition has been filed with the following main prayer :- "a) a writ in the nature of Mandamus or any other appropriate writ(s), order(s) or direction(s) commanding the respondent no. 2 not to further execute the Sale Notice dated 15.01.2025 and its Scheduled Sale dated 20.02.2025, if petitioner pays entire outstanding loan amount within period of 3 months, in the interest of justice." 3. It has been submitted that the petitioner had availed a credit facility and mortgaged his residential property located at Plot No.38A, part of Khasra No.314 minjumla, in Ram Nagar Ward, Gadhipeer Kha, District Lucknow. SARFAESI proceedings were initiated by the respondent- Bank after categorizing the said loan as NPA, and a sale notice was issued on 15.01.2025 and the sale has been scheduled for 20.02.2025, but the petitioner is ready to deposit the entire dues of the Bank within one month and the Bank be prevented from finalizing the sale proceedings. 4. The counsel appearing for the respondent-Bank has pointed out that the auction sale has already been executed on 20.02.2025. 5. This writ petition is dismissed with liberty to the petitioner to approach the D.R.T. by filing a securitisation application. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 7.3.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench