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2025 DAILYLAW 192593 (ALL)

SANJEEV KUMAR VASHISTH v. AUTHORIZED OFFICER SHUBHAM HOUSING DEVELOPMENT FINANCE COMPANY LIMITED AND ANOTHER

WRIC/15706/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 15706 of 2025 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard learned counsel for the petitioner, learned counsel for the respondent and perused the record. 2. The petitioner has preferred the present writ petition inter-alia with the following prayer:- "I. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 20.3.2025 passed by respondent no. 2 in Case No. 1036 of 2024 (Shubham Housing Development Finance Company Limited vs. Sajeev Kumar Vashisth and another) under section 14 SARFAESI Act 2002 (contained as Annexure No. 4) to this writ petition. II. Issue a writ, order or direction in nature of mandamus directing the respondent- bank not to take any coercive action against the petitioner till the disposal of the objection under section 13(3-A) of the SARFAESI Act." 3. Sri Deepak Kumar Singh, learned counsel appearing on behalf of the respondent no.1 placed before this Court the application filed by the same petitioner before Debts Recovery Tribunal, Lucknow as provided under section 17(1) of the SARFAESI Act challenging the order dated 20.3.2025 itself and the order dated 5.8.2025 passed by the Tribunal. The copy of the order dated 5.8.2025 passed by the Debts Recovery Tribunal, Lucknow in SA No. 585 of 2025 is taken on record. On perusal of the aforesaid, it transpires that the order dated 20.3.2025 passed by the respondent no. 2, namely, District Magistrate Hapur which is under challenged in the present writ petition has also been challenged by the petitioner before the Debts Recovery Tribunal, Lucknow. It is also argued that the aforesaid appeal was numbered as SA No. 585 of 2025 which was Versus Counsel for Petitioner(s) : Mohd. Ayub, Pankaj Srivastava Counsel for Respondent(s) : C.S.C., Deepak Kumar Singh Sanjeev Kumar Vashisth .....Petitioner(s) Authorized Officer Shubham Housing Development Finance Company Limited And Another .....Respondent(s) duly entertained and detailed order has been passed on 5.8.2025 and the respondent bank has been restrained from taking physical possession of the secured assets. 4. In view of the matter, since the petitioner has already approached the Debts Recovery Tribunal, Lucknow against the order dated 20.3.2025, the present writ petition has become infructuous. Hence, the writ petition is dismissed accordingly. 5. No order as to costs. October 14, 2025 Sushma WRIC No. 15706 of 2025 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad