ANKIT GUPTA AND OTHERS v. U.O.I., MINISTRY OF FINANCE DEPTT. OF FINANCIAL SERVICES THRU. SECY,. NEW DELHI AND OTHERS
A227/2337/2025 · 2025-04-25
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135822 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135822 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23724 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2337 of 2025 Petitioner :- Ankit Gupta And Others Respondent :- U.O.I., Ministry Of Finance Deptt. Of Financial Services Thru. Secy,. New Delhi And Others Counsel for Petitioner :- Gaurav Gupta,Jyoti Rajpoot Counsel for Respondent :- A.S.G.I. Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner.
2. The present petition has been filed by the petitioners challenging an order passed under Section 14 of the SARFAESI Act on 15.04.2025.
3. The contention of the Counsel for the petitioners is that one of the borrowers had died and an order has been passed against a dead person.
4. The said aspect was considered by the authority concerned and it was noted that the petitioner no.2 herein had executed a mortgage when she was alive. As the order under Section 14 is to secure the possession of the property, which was mortgage, no good ground for interference under Article 227 of the Constitution of India is made out. Even otherwise against the remedy under Section 14 of the SARFAESI Act, the petitioner can approach the DRT by filing second appeal.
5. The writ petition is dismissed in the above terms.
6. This order has been passed in the presence of Sri Surya Prakash, learned Counsel appearing on behalf of opposite party no.1. Order Date :- 25.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench