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2025 DAILYLAW 161848 (ALL)

RAHMAN ALI v. STATE OF U.P. THRU. PRIN. SECY. FINANCE LKO. AND 2 OTHERS

WRIC/8741/2025 · 2025-09-08

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8741 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 for the State Respondents and Sri Prashant Kumar Srivastava, learned counsel appearing on behalf of Bank of Baroda. 2. This writ petition has been filed with the following main prayers:- "(i). Issue a writ, order or direction in the nature of certiorari for quashing the impugned Notice Dated-25-02-2025, issued by Opp. Party No.2 i.e. The Bank of Baroda, through its Branch Manager, Branch- Dubagga, Hardoi Road, Near Naveen Sabji Mandi, Lucknow, contained as Annexure No.4 to this writ petition, (ii). Issue a writ, order or direction in the nature of mandamus commanding the Opp. Parties not to adopt any coercive measure against the petitioner for recovery of the amount as shown in the impugned order of the letter Dated 25-02-2025 and not charge the high interest rate against the loan taken by the Petitioner." 3. It has been submitted by learned counsel for the petitioner says that notice under Section 13(2) of the SARFAESI Act has been issued by the opposite parties to which an objection has been filed by the petitioner as previously the Bank had asked for Rs.6,00,000/- only alongwith interest for closing the loan amount, but now the bank has asked the petitioner to pay Rs.9,30,095.05/- for closing the account. Versus Counsel for Petitioner(s) : V.K. Srivastava Counsel for Respondent(s) : C.S.C., Prashant Kumar Srivastava Rahman Ali .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Finance Lko. And 2 Others .....Respondent(s) 4. Sri Prashant Kumar Srivastava, Advocate has pointed out the order issued to the petitioner on 25.02.2025, the credit as outstanding as on 24.02.2025 including interest up to 08.10.2024 has been shown as Rs.9,30,095.05/- which includes penal interest and other charges. In case the petitioners willing to deposit the amount as shown in the letter dated 25.02.2025, he may deposit the same and redeem the secured assets. He was referred to point no.8 of the letter dated 25.02.2025 which says that under Sub-clause 8 of Section 13 of the SARFAESI Act, in case the petitioner wished to redeem the secured assets, he should deposit the amount of dues together with all costs, charges and expenses incurred by the bank at any time before the date of publication of notice for public auction and it also says that after publication of the notice for auction, the right to redeem the secured assets will not be available. 5. Sri Prashant Kumar Srivastava, Advocate on the basis of instructions of his client says that no representation as has been filed as page 38 of the petition has been given to the Bank. 6. Sri Prashant Kumar Srivastava, Advocate, on the basis of instructions, also says that till date no notice for public auction has been issued by the Bank and the petitioner has opportunity to deposited the entire amount and redeem the secured assets. 7. Learned counsel for the petitioner says that he has no instructions whether his client is willing to pay the amount of Rs. 9,30,095.05/- as shown in the notice dated 25.02.2025. 8. If that be so, this writ petition is disposed of with liberty to the petitioner to approach the Bank within a week from today and make payment as demanded under the Notice dated 25.02.2025. In case of its failure to do so the Bank may proceed in accordance with law under the SARFAESI Act. September 8, 2025 Darpan Sharma WRIC No. 8741 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench