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2025 DAILYLAW 202341 (ALL)

M/S MATHURA ENTERPRISES THRU. PROPRIETOR VIJAY PAL SINGH AND 2 OTHERS v. DISTT. MAGISTRATE/COLLECTOR LKO. AND 2 OTHERS

WRIC/10261/2025 · 2025-10-17

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10261 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel appearing on behalf of the parties. 2. The Punjab National Bank being respondent No.3 has taken possession of the property of the petitioner based on an order under Section 14 of the SARFAESI Act, 2002 dated 09.08.2017. The said possession was taken on 5th October, 2025. 3. Learned counsel appearing on behalf of the petitioner submits that the entire action of the Punjab National Bank is illegal as a Lok Adalat settlement has been reached between the petitioner and the Bank in the year 2024. Inspite of the same, the Bank has illegally taken possession of the property. 4. We are of the view that the petitioner should be relegated to the Debt Recovery Tribunal. Since the possession of property has been taken by the Bank in October, 2025, we grant liberty to the petitioner to file an application under Section 17 of the SARFAESI Act, 2002 against the action taken. 5. We direct the Debt Recovery Tribunal to not reject this application on the ground of limitation as the cause of action Versus Counsel for Petitioner(s) : Abhishek Khare, Navneet Yadav Counsel for Respondent(s) : C.S.C., Brajendra Amiy M/S Mathura Enterprises Thru. Proprietor Vijay Pal Singh And 2 Others .....Petitioner(s) Distt. Magistrate/Collector Lko. And 2 Others .....Respondent(s) has arisen on October 5, 2025, when the possession was taken by the Bank. 6. With the above observations, the writ petition is disposed of. October 17, 2025 Ashutosh WRIC No. 10261 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench