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2025 DAILYLAW 159336 (ALL)

VINAY SINGH v. DISTRICT MAGISTRATE/ COLLECTOR LUCKNOW AND ANOTHER

WRIC/8102/2025 · 2025-08-27

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8102 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-respondent, Shri Amit Jaiswal, learned counsel for respondent no.2 - Axix Bank and perused the record. 2. This writ petition has been filed by petitioner with following main prayer(s): "i. Issue a writ order or direction in the nature of certiorari thereby quashing the proceeding of case no.10794 of 2019 computerized case no. D201910460010794 "Axix Bank Versus Vinay Singh" under section-14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002. ii. Issue a writ order or direction in the nature of mandamus commanding the opposite party no.1 not to harass or take any coercive measures against the borrower - petitioner especially when secured creditor bank has settled the loan amount and there is nothing remained to petitioner. iii. Issue a writ order or direction in the nature of mandamus commanding the respondent no.1 not to proceed under section-14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 until petitioner avails the statutory remedy as permissible under law iv. Issue a writ order or direction in the nature of mandamus commanding the respondent no.1 to maintain status quo over the property House No. E-1/608, Sector- Versus Counsel for Petitioner(s) : Vivek Kumar Tripathi, Ujjwal Mishra Counsel for Respondent(s) : C.S.C., Amit Jaiswal Ojus Law Vinay Singh .....Petitioner(s) District Magistrate/ Collector Lucknow And Another .....Respondent(s) H, LDA Colony, Kanpur Road Yojna, Lucknow." 3. It is the case of the petitioner that he has settled the loan account and 'No Dues Certificate' has also been issued to him. The settlement letter dated 31.01.2023 has been filed as Annexure No.6 to the writ petition. Annexure No.7 to the writ petition is a copy of letter dated 16.03.2023 reflecting the settlement amount received by the Bank. Yet the petitioner has received notice relating to the proceedings initiated under Section 14 of the SARFAESI Act with regard to the same loan. Hence, this writ petition has been filed with the aforesaid prayers. 4. Shri Amit Jaiswal, learned counsel for respondent no.2 - Axix Bank on the basis of written instructions says that the Bank had requested the District Magistrate concerned much earlier and perhaps in pursuance of such earlier request, notice under Section 14 of the SARFAESI Act has been issued to the borrower. The borrower has already settled the loan account. The Authorized Officer of Axix Bank has written a letter to the Additional City Magistrate-III, Lucknow regarding settlement of loan account of the petitioner/borrower. The said letter dated 02.07.2025 sent by the Authorized Officer to the Additional City Magistrate-III, Lucknow is taken on record. 5. The proceedings initiated under Section 14 of the SARFAESI Act in pursuance of the earlier request of the Bank are quashed. 6. The writ petition is disposed of. August 27, 2025 Anupam S/- WRIC No. 8102 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench