DEVENDRA MOHAN v. AUTH. OFFICER ASSET RECOVERY MANAGEMENT BRANCH LKO. AND ANOTHER
WRIC/7776/2025 · 2025-08-18
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157479 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157479 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48030-DB Court No. - 2 Case :- WRIT - C No. - 7776 of 2025 Petitioner :- Devendra Mohan Respondent :- Auth. Officer Asset Recovery Management Branch Lko. And Another Counsel for Petitioner :- Shashank Agnihotri Counsel for Respondent :- Vinay Shankar Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned Standing Counsel, who appears on behalf of State-Respondents. This petition has been filed by the petitioner with the following main prayers :
"(i) to issue a Writ, order or direction in the nature of Certiorari thereby quashing the impugned notice dated 14.07.2025 issued issued by the Opposite party no. 1 under section 13(4) Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 read with proviso to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 as contained in Annexure no. 1 to this Writ petition. (ii) to issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties to accept the total amount of loan as mentioned in the notice dated 30.01.2025 in easy installments." In view of the law laid down by Hon'ble the Supreme Court in the case of Union of India vs. Satyawati Tandon reported in (2010) 8 SCC 110, the present writ petition is not maintainable. The writ petition is, accordingly, dismissed with liberty to the petitioner to approach Debts Recovery Tribunal by filing a Securitization Application. Order Date :- 18.8.2025/Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench