UCO BANK THRU. BRANCH INCHARGE/CHIEF MANAGER SUDHANSHU SHEKHAR SINGH BRANCH I.T., LUCKNOW v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND 4 OTHERS
/9859/2025 · 2025-10-13
Prashant Kumar, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 200620 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200620 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9859 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel for the parties.
2. In the present writ petition, UCO Bank being the petitioner submits that after possession was granted to them, the borrowers being the private respondents have broken the seal and once again taken possession of the property.
3. In light of the same, we are of the view that the Bank should once again approach the District Magistrate with a petition under Section 14 of SARFAESI Act, 2002 and upon such a petition being filed, the District Magistrate should immediate pass necessary orders of repossession in favour of the Bank. The District Magistrate is directed to ensure that proper action is taken under the SARFAESI Act. The police authorities are also directed to inquire into the matter as to how respondent Nos. 4 and 5 were allowed to take possession of a property that has been handed over to the Bank under the SARFAESI Act.
4. The entire procedure for handing over the property back to UCO Bank should be completed within a period of six weeks from date.
5. The police authorities are directed to take action against respondent Nos. 4 and 5 in accordance with law and, if required, register an FIR against them. Versus Counsel for Petitioner(s) : Vinay Kumar Singh Counsel for Respondent(s) : C.S.C. Uco Bank Thru. Branch Incharge/Chief Manager Sudhanshu Shekhar Singh Branch I.T., Lucknow .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 4 Others .....Respondent(s)
6. With the above directions, the writ petition is disposed of. October 13, 2025 Ashutosh WRIC No. 9859 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench