Neutral Citation No. - 2025:AHC-LKO:36652-DB Court No. - 2 Case :- WRIT - C No. - 6211 of 2025 Petitioner :- Jagannath Prasad Respondent :- Debt Recovery Tribunal Lko. Thru. Registrar And 5 Others Counsel for Petitioner :- Ajay Sharma Counsel for Respondent :- Anurag Srivastava,C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ajay Sharma, learned counsel for the petitioner, Sri Anurag Srivastava, learned counsel for respondent no.2-Bank and learned Standing Counsel for respondent nos.3 to 5. 2. It has been submitted by learned counsel for the petitioner that the petitioner had taken two loans from respondent no.2-bank. First loan was for Rs.18,85,000/- which was sanctioned on 31.10.2017, while second loan of Rs.9,48,000/- was sanctioned on 21.09.2019. It seems that there was certain default in the repayment of the said loan due to which the loan was declared to be NPA (Non-Performing Asset) and accordingly, the respondent-bank started proceeding for recovery under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act'). The proceeding u/s 13(2) and 13(4) of the SARFAESI Act have also been undertaken by the bank and the grievance raised in the present petition is only with regard to the proceeding u/s 14 of the SARFAESI Act wherein the actual physical possession of the mortgaged property is sought to be taken prior to auction of the said premises. 3. It is in the aforesaid circumstances the petitioner had filed a previous petition before this court in Writ C No.3836 of 2025 where this court has held that the writ petition was not maintainable and the remedy u/s 17 of the SARFAESI Act, is available to the petitioner and, therefore, relegated to his statutory remedy under the SARFAESI Act. It has been submitted that the petitioner has already filed an application u/s 17 of the SARFAESI Act on 16.05.2025 and interim relief application on 24.06.2025. He has submitted that the actual physical possession of the property is proposed to be taken on 28.06.2025. 4. In the aforesaid circumstances, once the petitioner has already availed the statutory remedy then this court would loathe to interfere in such proceeding but considering the aforesaid circumstances and with the consent of the parties, we are disposing of this petition with liberty to the petitioner to move an appropriate application for hearing of this case on 28.06.2025. 5. In case an application is made today itself, the Debt Recovery Tribunal shall proceed to consider his application for interim relief and shall decide the same within ten days thereafter, after giving due notice to the respondent-bank. 6. The petitioner as well as respondent no.2 undertakes to cooperate in the proceeding before the Debt Recovery Tribunal. 7. With the aforesaid observations, the petition is disposed of. Order Date :- 27.6.2025 *S.Chaurasia* (Arun Kumar Singh Deshwal, J.) (Alok Mathur, J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad, Lucknow Bench