Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 165923 (ALL)

MOHAMMAD TAHIR HUSAIN v. UCO BANK ZONAL OFFICE LKO. THRU. MANAGER AND ANOTHER

WRIC/9367/2025 · 2025-09-22

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9367 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 Shri Prashant K. Srivastava, who appears on behalf of the Respondent nos.1 and 2, UCO Bank, Lucknow. 2. This petition has been filed by the petitioner for the following prayers:- "[I] Issue a writ, order or direction in the nature of Certiorari quashing thereby the impugned Recovery Notice/ Auction Sale Notice dated 01.09.2025 Reference No.MUNSHI/2025-26/01 of Loan Account Number 34800610001028 (Gold Loan) amount Rs.7,08,000/- + Interest @ 8.20 % per month, issued by Opposite party no.2 as contained in Annexure No.1 to this writ petition. [II] Issue a writ, order or direction in the nature of Mandamus commanding the Opposite parties to accept the loan amount in easy installments and rebate in interest fixed by this Hon'ble Court. [III] Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to stay the operation of auction which is held on 22.09.2025 as contained in Annexure No.2. [IV] Any such other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case may also be Versus Counsel for Petitioner(s) : Dileep Kumar Pathak, Anil Kumar Sharma, Ankit Mishra Counsel for Respondent(s) : Prashant Kumar Srivastava Mohammad Tahir Husain .....Petitioner(s) Uco Bank Zonal Office Lko. Thru. Manager And Another .....Respondent(s) passed in favour of the petitioner. [V] Allow the writ petition with cost." 3. The Bank has filed a counter affidavit today which is taken on record wherein Master Guidelines on UCO Gold Loan Scheme has been filed as Annexure No.1. 4. It has been submitted that besides the Gold loan the petitioner took for a sum of Rs.7,08,000/- as mentioned in the writ petition, the petitioner had also taken a Loan /CC Limit for doing Banking business. As on 19.06.2025 Rs.1,52,67,014.93 is due on him. The Bank has filed a suit for recovery before the Debt Recovery Tribunal, Lucknow, which is pending. It has been submitted that the entire writ petition is based on mis-representation and concealment of facts and ought to be dismissed. 5. The counsel for the petitioner stated that he has filed an application to the Bank to give him the current status of his loan dues with respect to the Gold Loan taken by him but no reply has been given by the Bank. 6. The counsel for the Bank on the basis of instructions says that the application at Page no.17, Annexure No.4 to the writ petition, has been made to the Grievance Redressal Officer, the petitioner has not visited the Bank Branch and not met the Bank Manager in person, at any point of time, he has not made any application showing his willingness to repay the loan dues as per the Gold Loan Account. 7. We find no good reason to show interference in the matter. 8. The writ petition stands dismissed. September 22, 2025 N.PAL WRIC No. 9367 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench