M/S COOLING POINT PROPRIETOR MOHD. ARSHI AND 2 OTHERS v. CANARA BANK THRU. AUTH. OFFICER / MANAGER BRANCH INDRA NAGAR LKO
WRIC/7663/2025 · 2025-08-08
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156833 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156833 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46432-DB Court No. - 1 Case :- WRIT - C No. - 7663 of 2025 Petitioner :- M/S Cooling Point Proprietor Mohd. Arshi And 2 Others Respondent :- Canara Bank Thru. Auth. Officer / Manager Branch Indra Nagar Lko Counsel for Petitioner :- Mohammad Irfan Siddiqui Counsel for Respondent :- Vinay Shankar Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. Heard.
2. The petitioners earlier filed a petition bearing Writ C No.5824 of 2025 challenging the possession notice under Section 13(4) of SARFAESI Act, 2002. The aforesaid petition was disposed of in the following terms:-
"Heard learned counsel for the petitioners and Shri Vinay Shankar,
learned counsel for the respondent-Bank. This writ petition has been filed seeking the following main relief(s):-
"I. Issue a writ, order or direction in the nature of certiorari the quashing the impugned possession notice under Section 13(4) of SARFAESI Act, Canara Bank, Branch Indiranagar, Lucknow on 20.11.2024 issued by opposite party as Annexure No.1 to this writ petition in the interest of justice." On being asked by learned counsel for the respondent-Bank, he says that One Time Settlement Scheme is in existence and the case of the petitioners would be considered by the competent authority under the said Scheme, if the petitioner approaches the said authority. Accordingly, taking note of the aforesaid, the present petition is
disposed of without acceding the prayer sought in the present petition with liberty to the petitioner to move an application seeking benefit of One Time Settlement Scheme, which shall be considered as per law, most expeditiously."
3. Thereafter, another petition bearing Writ C No.6929 of 2025 has been filed which was withdrawn with liberty to file a fresh petition on 31.07.2025. Now, this third petition has been filed
challenging a sale notice dated 18.06.2025. The writ petition is not maintainable. If the petitioners are aggrieved, the remedy lies before the D.R.T. under the SARFAESI Act, 2002.
4. With the aforesaid observations, the writ petition is dismissed. (Manish Kumar, J.) (Rajan Roy, J.)
Order Date :- 8.8.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench