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2025 DAILYLAW 200267 (ALL)

SMT. ASHA DEVI AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/35863/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35863 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Sri Harish Chandra, learned counsel for the petitioners, Sri Amrish Sahai, learned counsel for respondent-bank and learned Standing Counsel for the State. 2. Proceedings have been initiated against SARFAESI Act, 2002. At present, the respondent-bank is claiming Rs. 13,82,486/- together with interest. 3. Though learned counsel for the petitioner first raised objection to the merits of the recovery but later offered to pay the entire amount in installments. 4. Learned counsel for the bank has declined the offer made. He submits that the petitioner is subsequent purchaser. On the date of purchase made by the petitioner, the property was registered as a 'secured asset' in favour of the bank. 5. In view of the fact that offer to pay the amount in installment has been declined by the bank, no good ground is made out to offer any interference. In face of statutory remedies available to the petitioner under SARFAESI Act, 2002, the writ petition is dismissed at this stage leaving it open to the petitioner to avail his statutory remedies in accordance with law. If such remedies are availed, that may be dealt with on its on merits, without being prejudiced by any observation made in this order. October 14, 2025 Pratima Versus Counsel for Petitioner(s) : Harish Chandra, Vikash Kumar Tiwari Counsel for Respondent(s) : Amrish Sahai, C.S.C. (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Smt. Asha Devi And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad