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2025 DAILYLAW 160888 (ALL)

RAJESH SONI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 3 OTHERS

WRIC/8301/2025 · 2025-09-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8301 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 3 and Shri Sudheer Tripathi, who appears on behalf of the Opposite party no.4-Bank of India. 2. This petition has been filed by the petitioner for the following prayers:- "i) issue a writ, order or direction in the certiorari quashing of the impugned possession notice dated 03.02.2025 issued by the respondent No.4 under section 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 directing the petitioner to repay the amount of Rupees 18,55,322.53/- as well as the interest thereon within 60 days, as contained in Annexure No.1 to this petition, in the interest of justice. to (ii) issue a writ, order or direction in the nature of mandamus stay the operation and implementation of the impugned possession notice dated 03.02.2025 issued by the respondent No.4 under section 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 directing the petitioner to repay the amount of Rupees 18,55,322.53/- as well as the interest Versus Counsel for Petitioner(s) : Mohammad Imaran Counsel for Respondent(s) : C.S.C. Rajesh Soni .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 3 Others .....Respondent(s) thereon within 60 days, as contained in Annexure No.1, in the interest of justice. (iii) issue any other writ, order or direction which this Hon'ble Court may deems fit, just and proper in the circumstances of the case in favour of the Petitioner. (iv) allow the writ petition with cost." 3. A preliminary objection has been raised by the counsel appearing on behalf of the Opposite party no.4- Bank of India, that the writ petition is not maintainable as the petitioner has come against the Notice issued under Section 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, relating to non-payment of loan of more than Eighteen and half lacs. 4. This writ petition is dismissed as not maintainable leaving it open for the petitioner to approach the Debt Recovery Tribunal (DRT) in Securitization application. September 1, 2025 N.PAL WRIC No. 8301 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench