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2025 DAILYLAW 169641 (ALL)

PUNJAB NATIONAL BANK GOMTI NAGAR LUCKNOW THRU. CHIEF MANAGER/AUTHORIZED OFFICER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 5 OTHERS

/10678/2024 · 2025-01-24

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4717-DB Court No. - 2 Case :- WRIT - C No. - 10678 of 2024 Petitioner :- Punjab National Bank Gomti Nagar Lucknow Thru. Chief Manager/Authorized Officer Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 5 Others Counsel for Petitioner :- Mahima Dixit Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. An affidavit has been filed on behalf of opposite party no.3 which is taken on record. Sri Anurag Shukla and Sri Ram Prakash Shukla, Advocate has filed his Vakalatnama on behalf of legal representative of opposite party no.5 which is also taken on record. Heard. Sri Rakesh Singh, A.D.M. Trans-Gomti, Lucknow is present. He has gone through our earlier judgments dated 25.10.2024 and 14.11.2024 referred in our order dated 16.12.2024 and on 21.01.2025 itself, he has passed the orders for handing over physical possession of the secured asset to the petitioner-Bank by the borrower and now the proceedings are pending for actual implementation of the said order. Requisite directions for implementation of the order have also been issued on 21.02.2025 in the same order and the concerned officials have been asked to submit the report regarding handing over of physical possession within fifteen days. The matter shall be processed further in terms of the judgments referred hereinabove. Sri Anurag Shukla, Advocate has put in appearance on behalf of legal representatives of opposite party no.5 and opposite party no.6-Guarantor. It is open for opposite party nos.5 and 6 to challenge the order passed under Section 14 of the SARFAESI Act, 2002 but there is no reason to hear the said opposite parties any further in these proceedings in view of the judgments already referred hereinabove. We, accordingly, the dispose of this petition with observation/ direction that A.D.M. Trans-Gomti, Lucknow shall ensure implementation of the orders passed under Section 14 of the Act, 2002 keeping in mind the two judgments referred hereinabove, within one month unless there is any legal impediment in which case he shall record it in his order sheet and also communicate it to the petitioner in writing. We, however, make it clear that this order is without prejudice to the rights, if any, of legal representatives of opposite party no.5 and opposite party no.6-Guarantor to seek remedies against the order dated 21.01.2025 passed under Section 14 of the ACt, 2002. (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 24.1.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench