BANK OF BARODA THRU. CHIEF MANAGER AND POWER OF ATTORNEY HOLDER MR. SURESH KUMAR PANDEY, BAHRAICH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS
WRIC/3701/2025 · 2025-04-18
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134785 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134785 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22026-DB Court No. - 2 Case :- WRIT - C No. - 3701 of 2025 Petitioner :- Bank Of Baroda Thru. Chief Manager And Power Of Attorney Holder Mr. Suresh Kumar Pandey, Bahraich Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Prashant Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. Learned Standing Counsel for the State has instructions from the Additional District Magistrate, Bahraich to the effect that earlier there was a conditional interim order by the D.R.T. in the secularization application filed by the borrower. Now, the Bank has informed that the condition has not been satisfied and the borrower has not deposited the amount, therefore, the officer will proceed to execute the order dated 15.03.2024 at the earliest and he has fixed the date for the said purpose as
05.05.2025.
3. We have already held in our judgments dated 25.10.2024 and 14.11.2024 rendered in Writ C No. 8867 of 2024 (Bank of Baroda Vs. State of U.P. and 8 others) and 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) that the borrower is not required to be heard in such proceedings under Section 14 of the SARFAESI Act, 2002 nor in any proceeding arising therefrom where implementation of the order under Section 14 of the SARFAESI Act, 2002 has been sought, therefore, we, dispose of this petition with a direction to the Additional District Magistrate, Bahraich to execute the order 15.03.2024 in terms of our judgments referred hereinabove unless there is any legal impediment in the form of stay etc., of a court or tribunal. Let this exercise be completed within a period of one month from the date a certified copy of this order is placed before the A.D.M, Bahraich. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 18.4.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench