Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 26781 (ALL)

SHAKUNTALA DEVI v. U P KHADI AVAM GRAM UDDYOG AND 2 OTHERS

WRIC/16763/2020 · 2025-09-17

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 16763 of 2020 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. The petitioner in this writ petition is the wife of the original borrower from respondent No.2. The property of the petitioner has been attached in the year 2019 by respondent No.2. 2. Learned counsel appearing on behalf of the petitioner submits that now the petitioner's husband has expired and she has no objection in auction of the said property. The same has also been stated by the petitioner in paragraph No.5 of the supplementary affidavit. 2. In light of the said submission, we are of the view that respondent No.3 should forthwith auction the said property and recover the amount that was due to it on the date of attachment of the property, i.e., 21.06.2019. 3. We, accordingly, direct respondent No.3 to auction the said property expeditiously in accordance with law, preferably within a period of three months from the date. 4. It is made clear that in the event the auction results in recovery of an excess amount, the excess amount shall be repaid to the petitioner after deducting the bank's claim as on 21.06.2019. 5. With the above directions, the writ petition is disposed of. September 18, 2025 K.Tiwari Versus Counsel for Petitioner(s) : Arvind Srivastava, Mohd. Naushad Siddiqui Counsel for Respondent(s) : C.S.C., Kuldeep Singh Chauhan, Pavitra Dubey (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Shakuntala Devi .....Petitioner(s) U P Khadi Avam Gram Uddyog And 2 Others .....Respondent(s) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad