ABHIMANYU KUMAR AND ANOTHER v. CENTRAL BANK OF INDIA THRU. MANAGING DIRECTOR AND ANOTHER
WRIC/7907/2025 · 2025-08-18
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157857 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157857 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48213-DB Court No. - 2 Case :- WRIT - C No. - 7907 of 2025 Petitioner :- Abhimanyu Kumar And Another Respondent :- Central Bank Of India Thru. Managing Director And Another Counsel for Petitioner :- Vinod Kumar,Abhilash Rai,Shubham Tiwari Counsel for Respondent :- Gopal Kumar Srivastava Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners, Sri Gopal Kumar Srivastava, learned counsel for the respondent No.1 and Sri Arvind Kumar Srivastava, who has filed his power on behalf of the respondent No.2, which is taken on record. This writ petition has been filed seeking following main reliefs:-
"I) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 31.12.2024 issued by the opposite party No.2 under Section 13(2) of SARFAESI Act, 2002 regarding taking over the possession of land bearing Plot No.490A and 491A Khasara No.71 minj part of Khasara No.79 minj Gram Bhasaura, District Lucknow area 188 sqmt, regarding realization of amount of Rs.66,74,786/- (Sixty Six Lacks, Seventy Four Thousand, Seven Hundred, Eighty Six Rupees), contained as Annexure No.01 to the writ petition. II) Issue a writ, order or direction in the nature of Mandamus commanding opposite parties to extend the benefit of one time settlement regarding deposit of remaining amount of the Housing Loan Account No. 01003010000225." It has been argued by learned counsel appearing on behalf of the Bank that proceedings were initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and a notice under Section 13(2) has also been issued way back on 31.12.2024. Till date the petitioners have not thought it appropriate to submit any application to the respondent-Bank proposing any one time settlement or any other manner in which they want to pay the amount due. It is not disputed that the petitioners have taken a loan of Rs.65,00,000/- on 31.08.2022 from the Bank. This writ petition is disposed of with direction to the petitioners to approach the Debt Recovery Tribunal by moving a
securitisation application. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 18.8.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench