M/S BARVO UNILEVER THRU. PRO. ABHINAV KUMAR TIWARI LKO AND 2 OTHERS v. UNION BANK OF INDIA, 3/5 VINAY KHAND PATRAKAR PURAM BRANCH GOMTI NAGAR LKO THRU. CHIEF MANAGER
/11939/2025 · 2025-12-15
body2025
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[ 2025 DAILYLAW 183639 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 183639 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11939 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioners have made the following main prayers :-
"(a) issue a writ, order or direction in the nature of Mandamus commanding the opposite party bank to accept the offer of the petitioners for settling outstanding loan amount accruing out of Cash Credit Limit Account No. 219931100000256 as a part of full and final settlement and also direct the opposite party not to take any coercive method against the Petitioners on the basis of loan amount, in the interest of justice. (b) issue a writ, order or direction in the nature of Mandamus commanding the opposite party not to take any coercive method against the Petitioners regarding the loan amount, in the interest of justice."
3. Learned counsel appearing on behalf of the respondent submits that the auction has already been taken place and the sale certificate has been issued to the third party.
4. In light of the same, no interference is called for by the Writ Court.
5. It is also to be noted that a Securitization Application under Section Versus Counsel for Petitioner(s) : Shobhit Kant, Rohit Singh Parmar Counsel for Respondent(s) : Kapish Srivastava M/S Barvo Unilever Thru. Pro. Abhinav Kumar Tiwari Lko And 2 Others .....Petitioner(s) Union Bank Of India, 3/5 Vinay Khand Patrakar Puram Branch Gomti Nagar Lko Thru. Chief Manager .....Respondent(s)
17 of the SARFAESI ACT, 2002 is also pending before the Debts Recovery Tribunal.
6. In light of the same, the writ petition is disposed of with liberty granted to the petitioners to seek their remedy before the Debts Recovery Tribunal. December 15, 2025 cks/- WRIC No. 11939 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench