DCB BANK LTD THRU. AUTHORIZED REPRESENTATIVE MR. NIKUNJ MATHUR v. DISTRICT MAGISTRATE DISTRICT LKO. AND 4 OTHERS
WRIC/3331/2025 · 2025-04-07
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132063 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132063 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19354-DB Court No. - 2 Case :- WRIT - C No. - 3331 of 2025 Petitioner :- Dcb Bank Ltd Thru. Authorized Representative Mr. Nikunj Mathur Respondent :- District Magistrate District Lko. And 4 Others Counsel for Petitioner :- Aniket Raj Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. The contention of petitioner is the application under Section 14 of the SARFAESI Act, 2002 is pending before the opposite party no. 2 since 01.09.2023.
3. We have already addressed this issue vide 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).
4. Learned standing counsel has written instructions from opposite party no. 2 to the effect that 22.04.2025 is the date fixed on which the application of the petitioner would be decided and thereafter physical possession of the secured asset would be handed over to the petitioner if there is no legal impediment.
5. We have already decided that the borrower or guarantor does not have any right of hearing in such proceedings, therefore, we are not issuing notice to opposite parties no. 3 to 5.
6. The writ petition is disposed of with a direction to opposite party no. 2 to do the needful in the light of the judgments referred hereinabove. This is without prejudice to the rights of the borrowers or guarantors to seek the remedy prescribed under Section 17 of the SARFAESI Act, 2002. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 7.4.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench