SMT. USHA MISHRA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. FINANCE LUCKNOW U.P. AND 5 OTHERS
WRIC/4079/2025 · 2025-05-05
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136971 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136971 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25877-DB Court No. - 2 Case :- WRIT - C No. - 4079 of 2025 Petitioner :- Smt. Usha Mishra And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Finance Lucknow U.P. And 5 Others Counsel for Petitioner :- Ved Prakash Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Shri Apurva Saxena, Advocate has filed his vakalatnama on behalf of the opposite parties no. 4, 5 and 6. The same is taken on record.
2. Heard Shri Ved Prakash Mishra, learned counsel for the petitioners and learned Additional Chief Standing Counsel for the State.
3. The petitioners herein challenge the order passed under Section 14 of the SARFAESI Act, 2002 on 11.04.2024 by the Additional District Magistrate (Judicial)/ Additional Collector, Lucknow.
4. The petitioners are the borrowers. Such a writ petition is not maintainable before this Court and the remedy, if any, is before the DRT under Section 17 of the SARFAESI Act, 2002. The law in this regard as settled has been reiterated in our 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).
5. As regards the contention of the petitioners' counsel that petitioners are ready to deposit the money, it is a matter between the petitioners and the Bank. The petitioners can approach the Bank if otherwise permissible under the Act, 2002 which shall be taken into consideration unless there is any legal impediment in the matter.
6. The writ petition is disposed of without interfering in the matter. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 5.5.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench