SRI MOHAMMAD AWAIS KHAN v. HDFC BANK LTD. BODY CORPORATE CONSTITUTED UNDER THE COMPANIES ACT AND 2 OTHERS
WRIC/6541/2025 · 2025-07-11
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150503 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150503 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39649-DB Court No. - 2 Case :- WRIT - C No. - 6541 of 2025 Petitioner :- Sri Mohammad Awais Khan Respondent :- Hdfc Bank Ltd. Body Corporate Constituted Under The Companies Act And 2 Others Counsel for Petitioner :- Pramod Kumar Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner denies being party to any agreement involving the opposite parties for grant of loan by opposite party No.1 to opposite party No.2, therefore, he has challenged the DRC proceedings before the Debt Recovery Tribunal flowing from the judgment dated 09.12.2019 passed in O.A. No.735 of 2019 wherein he was arrayed as defendant No.3 as a guarantor and the judgment, as such, has not been challenged in appeal or before this Court, though quashing of the entire proceedings on the ground that the signature on the documents are not his, has been sought. This is not a matter to be entertained under Article 226 of the Constitution of India. Disputed questions of facts involving adducing of evidence cannot be gone into writ jurisdiction, especially as, there is a statutory remedy of appeal against the judgment passed in the Original Application which has not been specifically challenged in this petition. The recovery proceedings are consequential to the main orders, moreover the judgment was passed in the Original Application by the Debt Recovery Tribunal, Lucknow in 2019 and we are now in 2025. The Writ Petition stands dismissed subject to the above. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 11.7.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench