HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9618 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 respondent Nos. 1 to 4 and Shri Sanjeev Singh, learned counsel for the respondent-bank. 2. This writ petition has been filed with the following reliefs:- "(i) Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned possession notice dated 09.09.2025 passed by opposite party no. 4 i.e. Additional City Magistrate (3rd), District-Lucknow by which the opposite party no. 4 has directed to take physical possession of the property in question as well as order dated 30.05.2025 passed by opposite party no. 3 i.e. Additional District Magistrate (East), District-Lucknow (contained at Annexure No. 1 and 2 to this writ petition respectively) ; (ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing to the opposite party no. 5 to allow the petitioners to deposit the outstanding amount of unpaid EMIs till date in few installment, in the interest of justice." 3. It is the case of the petitioner that no notice has been sent by the Bank under Section 13 (2) or under Section 13 (4) before moving any application under Section 14 of the SARFAESI Act. The Additional City Magistrate has also not issued any notice when an application under Section 14 was filed by the Bank. 4. Shri Sanjeev Singh, learned counsel papering for the respondent-bank says that statutory remedy is available under Section 17 of the SARFAESI Act. Versus Counsel for Petitioner(s) : Krishna Dutt Tripathi, Swetang Dwivedi Counsel for Respondent(s) : C.S.C., Sanjeev Singh Anirudh Kundra And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others .....Respondent(s) 5. This writ petition is disposed of with liberty to the petitioner to approach the Debts Recovery Tribunal against the proceedings initiated by the bank under section 13 and the orders passed thereafter by the District Magistrate. September 26, 2025 Pks WRIC No. 9618 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench