ANJALI VASTRA UDYOG THRU. ITS PROPRIETOR SMT.NEERAJ KUMARI AND 2 OTHERS v. THE DEBT RECOVERY TRIBUNAL,U.P. LKO. AND 2 OTHERS
WRIC/8408/2025 · 2025-09-03
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160436 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160436 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8408 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioners and Sri Ashish Sinha, Advocate who has filed his vakalatnama on behalf of the opposite party no.2, which is taken on record. 2. This writ petition has been filed with the following main prayers:-
"(i) Issue the writ order or directions in the nature of certiorari for quashing the order dated 29.03.2025 passed by the opp. party no.3 ass contained in annexure no1 to this writ petition as well as the letter dated Nil issued by the Bank by which the Bank ha directed the petitioner to deliver the possession of the Property to the Bank as contained in annexure j2 to this writ petition. (ii). Issue a writ order or directions in the nature of Mandamus commanding the opposite party no.2 Bank not to interfere in the peaceful possession of the petitioners in and over the property Mortgaged with the Bank i.e. the residential house comprised of plot no.13 and 14 Khet no. 636 (House no.432) situate at Ghoghra Pipariya near Modern village Nainital Road Tehsil and Distt Bareilly bounded by : East : Road, West :Plot of Ram Avar ,North :plot no.14 and house of Vimla Devi, by South : plot of Jewan Singh Sunahri Devi."
3. It is apparent from a perusal of the order dated 29.03.2025 that it has Versus Counsel for Petitioner(s) : Manju Sharma Counsel for Respondent(s) : C.S.C., Kapish Srivastava Anjali Vastra Udyog Thru. Its Proprietor Smt.Neeraj Kumari And 2 Others .....Petitioner(s) The Debt Recovery Tribunal,U.P. Lko. And 2 Others .....Respondent(s)
been passed in pursuance of an application moved under Section 14 of the SARFAESI Act by the Bank and the counsel appearing for the respondent no.2 has informed this Court, on the basis of instructions that the property in question has already been sold off and only possession has now been taken, it was with the petitioner. 5. Accordingly, the writ petition is dismissed in view of the law settled by the Hon'ble Supreme Court in the case of Union of India vs. Satyawati Tandon (2010) 8 SCC 110, leaving it open for the petitioner to approach the Debt Recovery Tribunal. September 3, 2025 Darpan Sharma WRIC No. 8408 of 2025 2 (Brij Raj Singh,J.) (Mrs.
Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench