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2025 DAILYLAW 136481 (ALL)

NAINITAL BANK LKO. U.P. THRU. CHIEF MANAGER AND POWER OF ATTORNEY HOLDER MR. SHARAD KUMAR, LKO. v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS

WRIC/4027/2025 · 2025-04-29

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24355-DB Court No. - 2 Case :- WRIT - C No. - 4027 of 2025 Petitioner :- Nainital Bank Lko. U.P. Thru. Chief Manager And Power Of Attorney Holder Mr. Sharad Kumar, Lko. 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. Mr. Saurabh Kumar Gupta, learned Advocate has filed vakalatnama on behalf of opposite parties no. 7 to 11. 2. Heard. 3. We have perused the order dated 04.02.2025 passed by the Additional District Magistrate, Trans Gomti, Lucknow under Section 14 of the SARFAESI Act, 2002. Although requisite directions have been issued, but no further dates have been fixed in view of the law enunciated by us 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) for ensuring handing over physical possession of the secured asset to the Bank unless there is any legal impediment in the nature of stay, etc. In this case, we have been informed that after passing of the order two notices were issued on 19.03.2025 and 28.03.2025 to the borrower for handing over possession and now date is fixed on 01.05.2025. 4. We fail to understand as to why so many dates are being fixed. This is not the intent of our judgments referred hereinabove. 5. The District Magistrate, Lucknow should look in to the matter and apprise the Officers who have been empowered under Section 14 of the SARFAESI Act, 2002 to follow the law as enunciated in our judgments referred hereinabove in letter and spirit for ensuring handing over of actual physical possession. Date should be fixed after passing of the order as has been passed herein for ensuring that handing over actually takes place. 6. In this case, we direct the Additional District Magistrate, Trans Gomti, Lucknow i.e. opposite party no. 3 to ensure compliance of his order in the light of the judgments referred hereinabove, positively, within 15 days as sufficient notice has already been given to the borrower. 7. As regards the borrowers, they have already preferred Securitization Application before the Debts Recovery Tribunal. They may press for interim relief therein uninfluenced and without being prejudiced by this order, as, the borrower is not required to be heard in these proceedings nor before the Additional District Magistrate, Trans Gomti, Lucknow in view of what has already been held in the judgments referred above. 8. The writ petition is disposed of in the aforesaid terms. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 29.4.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench