PUNJAB NATIONAL BANK THRU. AUTHORIZED REPRESENTATIVE MR. RAJESH KUMAR YADAV v. MRS. VANDANA AND ANOTHER
A227/5534/2024 · 2025-02-18
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168789 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168789 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10629 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 5534 of 2024 Petitioner :- Punjab National Bank Thru. Authorized Representative Mr. Rajesh Kumar Yadav Respondent :- Mrs. Vandana And Another Counsel for Petitioner :- Akshay Bajpai Counsel for Respondent :- Jaibind Singh Rathour,Shri Krishan Pathak,Yogendra Pratap Singh Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Mr. Shri Krishan Pathak, learned counsel for the respondent.
2. The present petition has been filed challenging an order of the District Consumer Forum passed on 07.06.2024, whereby the Bank was restrained from taking any action with regard to the auction of the house, which was mortgaged with the petitioner-Bank during the pendency of the proceedings.
3. The sole submission of learned counsel for the petitioner is that District Consumer Forum has no jurisdiction to pass the said order. The jurisdiction with regard to the disputes pertaining to the Bank is specifically granted to the Tribunal under the SARFAESI Act. The said court is duly containing the clauses with regard to the remedies that may be availed by the borrowers.
4. Finding that the District Consumer Forum has no jurisdiction to pass the order, solely on that ground the order dated 07.06.2024 is quashed.
5. The parties would be at liberty to take such steps as may be advised both the parties in accordance with law.
6. The petition is allowed. Order Date :- 18.2.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench