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2025 DAILYLAW 131294 (ALL)

PUNJAB NATIONAL BANK THRU AUTHORIZED OFFICER,MR.DIVYENDU GAURAV (CHIEF MANAGER) v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 6 OTHERS

WRIC/3237/2025 · 2025-04-07

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19418-DB Court No. - 2 Case :- WRIT - C No. - 3237 of 2025 Petitioner :- Punjab National Bank Thru Authorized Officer,Mr.Divyendu Gaurav (Chief Manager) Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 6 Others Counsel for Petitioner :- Akshay Bajpai Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. By means of this writ petition the petitioner-Bank prays for a writ, order or direction in the nature of Mandamus directing the opp.party No. 2/City Magistrate, Lucknow, to take physical possession of the secured asset in compliance with the order dated 9.8.2017 passed by the learned District Magistrate, Lucknow, under Section 14 of the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in Case No. 468 of 2017 (Computerized Case No. D-2017104603614), titled as Punjab National Bank v. M/s Mathura Enterprises & ors. 3. As per instructions received by Sri Manish Mishra, Addl. C.S.C. from the opp.party No. 2/City Magistrate, Lucknow, 15.4.2025 is the date fixed for handing over actual physical possession of the secured asset to the petitioner- Bank in compliance of the order passed under Section 14 on 9.8.2017. 4. Considering the law on the subject as delineated in our recent judgments dated 25.10.2024 passed in Writ C No. 8867 of 2024 (Bank of Baroda Vs. State of U.P. and 8 others) and 14.11.2024 passed in Writ C No. 9723 of 2024 (Pnb Housing Finance Ltd. Lko. Thru. Authorised Representative Mr. Surya Prakash Mishra vs. State of U.P. and others), we direct the opp. party No3. 2 and 3, as the case may be, to ensure handing over physical possession of the secured asset to the petitioner-Bank by the next date fixed or if for some reason it is not possible to do so within the time fixed, the same shall be done positively within the next 10 days, unless there is any legal impediment in this regard. 5. The Police officials concerned are also directed to cooperate and facilitate the aforesaid exercise. 6. Considering our judgments referred hereinabove, issuance of notice to opp. party No. 4 to 7, who are borrowers/guarantors, is dispensed with, as in such proceedings they do not have a right of hearing, but this order is without prejudice to their rights to seek remedy before the D.R.T. With the above observations/directions this writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 7.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench