Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34731 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Recovery proceedings have been initiated against the petitioner under the SARFAESI Act, 2002.
2. Parties are in dispute as to the correctness of the recoverable amount. Petitioner claims that an amount of Rs.6,43,020/- is due from the petitioner which he is willing to pay and in that regard, he places reliance on the statement of account of the petitioner. However, Sri Sagar Srivastava, holding brief of Sri K.M. Asthana, learned counsel for the respondent claims that the bank is claiming recovery of Rs.27 lacs.
3. Since that fact is in dispute, no settlement is possible to be reached between the parties.
4. As to the rights of the petitioner to object to the correctness of the amount being claimed by the bank, statutory remedy is available under the SARFAESI Act, 2002. Fact disputes may not be gone into under the writ jurisdiction especially, keeping in mind the operating law laid down by the Supreme Court in the context of SARFAESI Act, 2002.
5. Accordingly, the writ petition is dismissed leaving it open for the petitioner to avail statutory remedy in accordance with law. October 13, 2025 Prachi Versus Counsel for Petitioner(s) : Sushil Kumar Tewari Counsel for Respondent(s) : C.S.C., Krishna Mohan Asthana (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Nabbu Khan .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad