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2025 DAILYLAW 28252 (ALL)

AJEET KUMAR YADAV v. STATE OF U.P. AND 4 OTHERS

WRIC/7161/2025 · 2025-03-10

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35923-DB Court No. - 29 Case :- WRIT - C No. - 7161 of 2025 Petitioner :- Ajeet Kumar Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Subhash Chandra Yadav Counsel for Respondent :- Anadi Krishna Narayana,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Sri Sandeep Kumar Singh, learned counsel for the bank. Recovery citation is challenged on the ground that in respect of the commercial loan in question initiation of recovery under the U.P. Public Money (Recovery of Dues) Act, 1972 would be impermissible. Reliance is placed upon the Full Bench judgment of this Court in Sharda Devi Vs. State of U.P. and others [2001 UPLBEC (3) 1941. Faced with the above contention, learned counsel for the bank submits that the bank shall no longer enforce the recovery and shall instead proceed under the provisions of SARFAESI Act, 2002. In view of the stand so taken by the respondent-bank the recovery citation dated 16.12.2024 stands quashed. Liberty stands reserved to the respondent-bank to proceed under the SARFAESI Act, 2002, in accordance with law. Order Date :- 11.3.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad