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2025 DAILYLAW 163939 (ALL)

MAMTA GUPTA AND ORS. v. DISTRICT MAGISTRATE BARABANKI AND ORS.

WRIC/8876/2025 · 2025-09-10

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8876 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 appearing for the State-respondent nos. 1 and 3 and perused the record. 2. This writ petition has been filed by petitioner with following main prayer: "(i). Issue a writ, order or direction in the nature of certiorari quashing the ex-parte impugned order dated 26.06.2025 passed by opposite party no. 1 in Case no.330 of 2025 (Cent Bank Home Finance Limited vs. Smt. Mamta Gupta and others) under Section 14 of the SARFAESI Act, 2002 as well as the impugned possession notice dated 09.12.2024 issued by opposite party no.2 in relation to the present petitioner, contained as annexure nos. 1 and 2 to the writ petition." 3. We have gone through the order dated 26.6.2025 which has been passed in Case No.D202504120000330 under Section 14 of SARFAESI Act in case filed by Cent Bank Home Finance Limited against the petitioners. Such order can be challenged before the Debts Recovery Tribunal under Section 17 by filing a Securitisation application as rendered by the Supreme Court in the case of United Bank of India vs. Satyavati Tandon and others reported in (2010) 8 SCC 110. 4. The writ petition stands disposed of. September 10, 2025 Pks Versus Counsel for Petitioner(s) : Satish Kumar Misra Counsel for Respondent(s) : C.S.C., Ashish Chaturvedi (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Mamta Gupta And Ors. .....Petitioner(s) District Magistrate Barabanki And Ors. .....Respondent(s) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench