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2025 DAILYLAW 158043 (ALL)

PARAMANAND AND ANOTHER v. DISTT. MAGISTRATE DISTT. BARABANKI AND ANOTHER

WRIC/7891/2025 · 2025-08-20

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48721-DB Court No. - 2 Case :- WRIT - C No. - 7891 of 2025 Petitioner :- Paramanand And Another Respondent :- Distt. Magistrate Distt. Barabanki And Another Counsel for Petitioner :- Praveen Tripathi,Sudha Pal Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel appearing on behalf of the State Respondents. 2. In view of the order proposed to be passed, issuance of notice to private respondent is dispensed with. 3. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 07/04/2025 passed by the opposite party no-1 District Magistrate District Barabanki in case no-3384/2024, Cholamandalam Investment and Finance Company Ltd. Versus Paramanand and others having computerized case no-D202404120003384 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, annexed herewith as annexure No.1 to this writ petition." 4. It is the case of the petitioner that he had taken a loan from the private respondent no.2 which he could not repay in time, but he is now willing to repay the same. 5. Learned Standing Counsel has raised a preliminary objection regarding maintainability of this petition saying that the petitioner has come before this Court challenging the order passed under Section 14 of the S.A.R.F.A.E.S.I. Act. 6. In view of the law settled by Hon'ble Supreme Court in the case of United Bank of India Vs. Satyawati Tandon, reported in 2010 (8) SCC 110, the writ petition is dismissed as not maintainable. Order Date :- 20.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench