PROTIUM FINANCE, BRANCH OFFICE v. STATE OF UTTAR PRADESH AND 4 OTHERS
WRIC/8019/2025 · 2025-04-16
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30932 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30932 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56986-DB Court No. - 40 Case :- WRIT - C No. - 8019 of 2025 Petitioner :- Protium Finance, Branch Office Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Sarvesh Pandey,Shivam Tripathi Counsel for Respondent :- C.S.C.,Vimal Kumar Tripathi Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Civil Misc. Impleadment Application No.02 of 2025
1. The impleadment application filed by Sri Shivajee Srivastava,
learned counsel, on behalf of the certain persons claiming to be the relatives of the proprietor respondent no.5 and seeking to be impleaded as party respondents in the writ petition.
2. We do not find any merit in the said application.
3. In light of the same, the impleadment application is rejected.
4. The applicants may agitate their issues before the appropriate court, in accordance with law. Writ Petition
1. Heard learned counsel for the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has primarily prayed for a direction to the respondent authorities to execute/enforce the order dated 30.07.2024 passed by respondent no.2, Additional District Magistrate (Finance and Revenue), Varanasi in Case No.2047 of 2024, under Section 14 of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002.
3. Upon hearing counsel appearing on behalf of the parties and perusing the material available on record, it is clear that the petitioner has an alternative remedy to approach the authority concerned to enforce the aforesaid order dated 30.07.2024.
4. In light of above, the writ petition is disposed of with liberty granted to the petitioner to approach the District Magistrate concerned and raise its grievances within a period of two weeks from today. As and when the application is made, the District Magistrate concerned would look into the matter and shall seek police assistance from the police station concerned for execution of the aforesaid order, within the next two weeks, and see to it that the petitioner is provided the possession.
Order Date :- 17.4.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad