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2025 DAILYLAW 28003 (ALL)

M/S VINDHYA SHAKTI INFRA PROJECTS PVT. LTD. AND ANOTHER v. UNION BANK OF INDIA AND ANOTHER

WRIC/6945/2025 · 2025-04-30

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69036-DB Court No. - 40 Case :- WRIT - C No. - 6945 of 2025 Petitioner :- M/S Vindhya Shakti Infra Projects Pvt. Ltd. And Another Respondent :- Union Bank Of India And Another Counsel for Petitioner :- Udai Chandani Counsel for Respondent :- Saurabh Paul, Shrey Singh,Ashish Agrawal Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri Udai Chandani, learned counsel appearing on behalf of the petitioners, Sri Shery Singh, learned counsel appearing on behalf of the respondent Bank and Sri Saurabh Paul, learned counsel appearing on behalf of the auction purchaser. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners have prayed for the following substantial relief: "i) Issue a suitable writ, order or direction in the nature of mandamus directing the respondent bank not to take any coercive action against the property belonging to the petitioners under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 issued by the respondent Bank." 3. The facts and circumstances of the particular case are peculiar in nature as the respondent Bank has issued a sale certificate in favour of the auction purchaser, who is respondent No.2 herein. 4. Counsel appearing for the petitioners submits that the petitioners are willing to make payment of entire amount that is due to the respondent Bank within a particular period. He submits that the petitioners have also entered into a compromise with the auction purchaser. He further submits that a securitisation application being S.A. No.2 of 2024 with regard to the same is pending before the Debts Recovery Tribunal (hereinafter referred to as "the Tribunal"). He, however, submits that the Tribunal is not taking up all these matters and is only taking up the urgency application in relation to possession under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 5. In light of the peculiar facts and circumstances of the present case, we are of the view that the petitioners should file an urgent application before the Tribunal within a period of one week from date and upon such application being filed, the Tribunal should consider the same in accordance with law and is requested to hear the urgency application and the aforesaid securitisation application and decide the same expeditiously, preferably within a period of three weeks. 6. With the aforesaid directions, the writ petition is disposed of. Order Date :- 1.5.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad