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2025 DAILYLAW 130388 (ALL)

NARENDRA SINGH VAISHYA v. L.I.C. HOUSING FINANCE LTD. 5TH FLOOR JEEWAN BHAWAN II LUCKNOW THRU. BRANCH MANAGER

WRIC/2959/2025 · 2025-04-01

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18101-DB Court No. - 2 Case :- WRIT - C No. - 2959 of 2025 Petitioner :- Narendra Singh Vaishya Respondent :- L.I.C. Housing Finance Ltd. 5th Floor Jeewan Bhawan Ii Lucknow Thru. Branch Manager Counsel for Petitioner :- Smt. Shikha Srivastava,Abhinav Pankaj,Mandhata Samrat Counsel for Respondent :- Sanjeev Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The petitioner seeks consideration of his representation submitted by him allegedly under Section 13 (3-A) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'Act, 2002'). 3. However, Counsel for the opposite parties says that symbolic possession has already been taken in terms of Rule 8 of the Security Interest (Enforcement) Rules, 2002, which is a measure referable to Section 13 (4) of the Act, 2002. Moreover, he points out that the said representation itself in the last paragraph says that it should not be treated as a reply to the notice under Section 13 (2) of the Act, 2002. 4. We are of the opinion that for disposal of representation dated 04.07.2024, the petitioner should have approached this Court earlier, however, if any of the measures referable to Section 13(4) of the Act, 2002 have been taken as informed by the Counsel for the petitioner and there is a cause and it is otherwise permissible to challenge the same, the same can be challenged on the ground of non-consideration of representation as far as it may be permissible in law, before the appropriate forum. 4. With the aforesaid observations, the writ petition is disposed of. . (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 1.4.2025 Ajit Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench