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2025 DAILYLAW 194325 (ALL)

RAJESH KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIC/34714/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34714 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. List revised. None present for the petitioner to press the writ petition. Sri Gyan Prakash Shrivastava learned counsel for the respondent bank and the learned Standing Counsel are present. 2. First, it may be noted that learned counsel for the petitioner was present in the first call. He was given time to obtain instructions - if the petitioner is willing to settle the dispute with the bank by making deposit of the entire amount being claimed, in installments. 3. Learned counsel for the petitioner prayed that the matter may be taken up in the revised call. However, he has absented himself in the revised call. 4. At the outset, recovery is being pursued against the petitioner under SARFAESI Act, 2002. At present the respondent bank is claiming Rs. 27,00,000/- together with interest. 5. Though, auction notice has yet not been issued, proceedings under Section 13(4) are under way. 6. In view of such facts and further in view of the fact that learned counsel for the petitioner has not indicated if the petitioner wishes to settle the dispute, no interference may be warranted in exercise of extraordinary jurisdiction of the Court under Article 226 of the Constitution of India in Versus Counsel for Petitioner(s) : Anup Kumar Pandey, Vikash Chandra Tiwari Counsel for Respondent(s) : C.S.C., Gyan Prakash Shrivastava, Vijay Kumar Srivastava Rajesh Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) the context of the obtaining law with respect to interference that may be offered (on merits), in writ proceedings. 7. Accordingly, the writ petition is dismissed leaving it open to the petitioner to avail his statutory remedies in accordance with law. October 13, 2025 Faraz WRIC No. 34714 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad