Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 144688 (ALL)

Gurdeep Singh v. BANK OF INDIA, ZONAL OFFICE LUCKNOW AND ORS.

WRIC/5553/2025 · 2025-05-30

Sangeeta Chandra, Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:33853-DB Court No. - 9 Case :- WRIT - C No. - 5553 of 2025 Petitioner :- Gurdeep Singh Respondent :- Bank Of India, Zonal Office Lucknow And Ors. Counsel for Petitioner :- Satish Kumar Misra Counsel for Respondent :- Aasif Razzaque Khan,C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the petitioner and Sri Aasif Razzaque Khan, learned counsel appearing on behalf of the Bank. This petition has been filed with the following main prayer:- "Writ, order or direction in the nature of Certiorari for quashing the impugned auction notice dated 23.05.2025 and 24.05.2025 published in Daily Hindi Newspaper Hindustan, Lucknow Edition, the petitioner name find place at serial No.2 showing the dues amount of Rs.1,64,647.09 + interest and other expenses against the petitioner in relates property Khasra no.2371, Narpat Kheda/ Sundar Kheda, Ward Alam Nagar, Para Road, Lucknow, Uttar Pradesh, in relation of present petitioner, contained as Annexure No.1 and 2 to this writ petition." We have gone through the notice dated 23.05.2025 which has been issued under the proviso to Rule 8 (6) of the SARFAESI Rules of 2002. Learned counsel for the petitioner says that the petitioner is willing to deposit the amount along with the interest. In such matters, this Court cannot show any interference. The petitioner is free to approach the Debt Recovery Tribunal in a Securitization Application. Sri Satish Kumar Mishra, learned counsel for the petitioner, at this juncture, prays for an interim order/ interim protection. In view of the law settled by Hon'ble Supreme Court in the case of State of Orissa Vs. Madan Gopal Rungta, AIR 1952 SC 12, an interim protection cannot be granted in a writ petition which is not maintainable in the first place. The prayer made is rejected. The Writ Petition is disposed of with a liberty to the petitioner to approach the Debt Recovery Tribunal in a Securitization Application. Order Date :- 30.5.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench