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2025 DAILYLAW 181841 (ALL)

SHAHJAHAN AND 4 OTHERS v. STATE OF U.P. THRU. DISTT. MAGISTRATE HARDOI AND ANOTHER

WRIC/10257/2025 · 2025-11-06

Alok Mathur, Prashant Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10257 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. HON'BLE PRASHANT KUMAR, J. Heard Sri Israr Ahmad Ansari, learned counsel for the petitioners as well as Sri Sumeet Tahilramani for respondent No.2- Nagar Vikas Sahkari Bank Ltd., Hardoi. 1. It has been submitted that certain loans were taken by petitioner No.1 as well as predecessors-in-interest of petitioner No.s 1 to 5, namely Mohd. Haneef from the respondent- Bank. It has been submitted that the borrower i.e. Mohd. Haneef died on 22.11.2020 and it is in aforesaid circumstances that the respondent- bank is seeking to recover the outstanding amount of loan from the petitioners. 2. The grievances raised in the present petition is that the petitioners did not have the details of the loan obtained by deceased Mohd. Haneef and accordingly had moved application to the respondent- bank to provide them the details so that they can either pay the amount or resort to the legal remedies available to them and a prayer was made by them for setting aside the order passed under Section 14 of SARFAESI Act by the District Magistrate and also for issuing a direction to the bank to provide details of the outstanding amount of loan. 3. Versus Counsel for Petitioner(s) : Israr Ahmad Ansari, Vinod Kumar Counsel for Respondent(s) : C.S.C. Shahjahan And 4 Others .....Petitioner(s) State Of U.P. Thru. Distt. Magistrate Hardoi And Another .....Respondent(s) Sri Sumeet Tahilramani appearing for the respondent-bank has given copy of the bank statement to learned counsel for the petitioners and has further informed this Court that loan amount of Rs.18,50,000/- was given to Mr. Mohd. Haneef while petitioner No.1 had taken loan of Rs.7,50,000/-. 4. With supply of aforesaid documents prayer No.2 of the petitioners stands satisfied. 5. With regard to interference in recovery proceedings, it is noticed that the petitioners have statutory remedy under Section 17 of the SARFAESI Act to file an appeal against any proceedings taken against them in this regard. Accordingly, they are relegated to the statutory remedy. 6. In view of the aforesaid, the petition stands partly allowed. 7. November 6, 2025 RKM. WRIC No. 10257 of 2025 2 (Prashant Kumar,J.) (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench