NEELAM GARG AND 4 OTHERS v. INDIAN BANK, ( ERSTWHILE ALLAHABAD BANK) AND 4 OTHERS
WRIC/3757/2025 · 2025-04-30
Shekhar B Saraf, Y K Srivastava
body2025
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[ 2025 DAILYLAW 16308 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 16308 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:68544-DB Court No. - 40 Case :- WRIT - C No. - 3757 of 2025 Petitioner :- Neelam Garg And 4 Others Respondent :- Indian Bank, ( Erstwhile Allahabad Bank) And 4 Others Counsel for Petitioner :- Anurudh Kumar Prajapati,Deepak Kumar Prajapati Counsel for Respondent :- Abhishek Ahuja Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel for parties. The present petition under Article 226 of the Constitution of India, has been filed seeking to challenge the impugned demand notice dated 17.08.2024, under Section 13(2) of the SaARFAESI Act as well as the possession notice dated 10.01.2025, under Section 13(4) of the SARFAESI Act, 2002, issued by the respondent No. 3. Further, the petitioners, by way of the instant writ petition, seek a direction to the respondent Nos. 2 and 3 to take a final decision in the application dated 18.01.2025, filed by the petitioner No. 1, and also a direction to the respondent bank authority restraining it from dispossessing the petitioners from their dwelling house.
Learned counsel for the petitioners prays that this writ petition may be dismissed as withdrawn with liberty granted to the petitioner to approach the appropriate forum for redressal of their grievances. Sri Pankaj Kumar Ojha, learned Advocate holding brief of Sri Abhishek Ahuja, learned counsel for the respondent(s), has no objection. Accordingly, the petition is dismissed as withdrawn with liberty as prayed for.
Order Date :- 1.5.2025/Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad