OMENDRA KUMAR MISHRA v. TATA CAPITAL HOUSING FINANCE LTD. THRU. AUTHORIZED OFFICER AND ANOTHER
WRIC/4765/2025 · 2025-05-21
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140865 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140865 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:30093-DB Court No. - 2 Case :- WRIT - C No. - 4765 of 2025 Petitioner :- Omendra Kumar Mishra Respondent :- Tata Capital Housing Finance Ltd. Thru. Authorized Officer And Another Counsel for Petitioner :- Asheesh Kumar Tiwari,Ankit Singh,Brijendra Pratap Singh Counsel for Respondent :- Ritesh Goel Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Vakalatnama filed by Shri Ritesh Goel, Advocate & Shri Aasif Razzaque Khan, Advocate on behalf of the opposite parties no. 1 and 2 is taken on record. Heard. The borrower has challenged the order dated 07.03.2025 passed by the Additional Chief Judicial Magistrate 7th, Court No. 31, Lukcknow in proceedings under Section 14 of the S.A.R.F.A.E.S.I. Act, 2002. The only ground raised by the petitioner is that he is ready to pay back the due amount in installments. This petition challenging the said order under Section 14 is not maintainable at the behest of the borrower. The remedy, if at all, is before the Debt Recovery Tribunal under Section 17 of the S.A.R.F.A.E.S.I. Act, 2002. As regards, other issues as noticed hereinabove, can be considered by the Bank / Finance Company or the Tribunal. The writ petition is disposed of in the aforesaid terms. Order Date :- 21.5.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench