Neutral Citation No. - 2025:AHC:21080-DB Court No. - 29 Case :- WRIT - C No. - 4153 of 2025 Petitioner :- Ajayraj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dev Prakash Sharma,Manisha Chaturvedi,Priyanka Devi Counsel for Respondent :- C.S.C.,Ramesh Kumar Shukla Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. This petition is directed against orders passed by the authority u/s 14 of the SARFAESI Act calling upon the petitioner to handover possession of the premises on the ground that the loan amount of Rs.39,72,415.79/- along with interest and other charges has not been paid by the defaulter. 2. Learned counsel for the petitioner states that the petitioner is bonafide purchaser of the property without any notice of the charge that bank had upon such property and is living with his family in the premises. It is submitted that a suit has also been instituted by the petitioner which is pending in Original Suit No. 141 of 2023. 3. Learned counsel for the petitioner submits that the DRT, Allahabad is not currently functional and the Presiding Officer at Jabalpur is taking up matters by virtual mode. It is submitted that since tomorrow is date fixed for taking of possession, as such petitioner would be deprived of the right to approach competent forum in terms of Section 17 of the SARFAESI Act. 4. Sri Ramesh Kumar Shukla appearing for the Bank states that petitioner has been called upon to surrender the possession and that actual physical possession will be taken only after two weeks. It is also submitted that the property purchased by the petitioner was already mortgaged to the Bank and since there is default in repayment of such loan, therefore, the Bank has rightly proceeded under the SARFAESI Act. 5. In view of the fair stand taken by the respondents, according to which actual physical possession will be taken only after two weeks, we do not find any occasion to interfere in the matter. 6. Leaving it open for the petitioner to pursue the remedy u/s 17 of the SARFAESI Act, this petition is consigned to records. Order Date :- 13.2.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad