SHIVENDRA MISHRA v. CANARA BANK AT ITS REGIONAL OFFICE-II SIGRA VARANASI THROUGH ITS AUTHORIZED OFFICER AND 3 OTHERS
WRIC/6655/2025 · 2025-03-05
Siddhartha Varma, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26695 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26695 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:32175-DB Court No. - 39 Case :- WRIT - C No. - 6655 of 2025 Petitioner :- Shivendra Mishra Respondent :- Canara Bank At Its Regional Office-Ii Sigra Varanasi Through Its Authorized Officer And 3 Others Counsel for Petitioner :- Mujeeb Khan,Sanjeev Singh Counsel for Respondent :- C.S.C.,Mehul Khare Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. This writ petition has been filed by the petitioner, who is aggrieved with the fact that the petitioner has not been given physical possession of the property which, he had purchased on 13.7.2022 in an auction sale.
2. Learned counsel appearing for the respondent-Bank informs that the application filed by the Bank under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was dismissed on 31.8.2024 on account of certain defects. However, the Additional District Magistrate (Finance and Revenue) Prayagraj had, by that
order, given liberty to the Bank to file a fresh application under Section 14 of the SARFAESI Act, 2002. The Bank, therefore, had filed another application on 25.9.2024.
3. Learned counsel for the respondent-Bank states that 11th March, 2025 is the next date fixed in the matter.
4. Without going into the merits of the case, we direct the Additional District Magistrate (Finance and Revenue), Prayagraj, to decide the application filed by the Bank under Section 14 of the SARFAESI Act, 2002, within a period of one month from the date of production of a certified copy of this order. If any defect etc. is revealed during the hearing of the case, the Bank be allowed to cure the same.
5. With these observations, the writ petition is disposed of.
6. If, however, there is inordinate delay in the disposal of the application, it shall be open to the petitioner to approach this court again.
Order Date :- 6.3.2025-RKK/- (Dr Y K Srivastava, J) (Siddhartha Varma, J) Digitally signed by :- RAJ KUMAR KANNAUJIA High Court of Judicature at Allahabad