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2025 DAILYLAW 48051 (ALL)

ICICI HOME FINANCE COMPANY LIMITED v. STATE OF UP AND 4 OTHERS

WRIC/12651/2025 · 2025-05-01

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70520-DB Court No. - 40 Case :- WRIT - C No. - 12651 of 2025 Petitioner :- Icici Home Finance Company Limited Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Amit Shukla Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Sri Shiv Sagar Singh, learned counsel has put in appearance on behalf of respondent no.4 by filing his vakalatnama today in the Court, which is taken on record. 2. Heard Sri Amit Shukla, learned counsel appearing on behalf of the petitioner; Sri Shiv Sagar Singh, learned counsel appearing on behalf of respondent no.4 and learned Additional Chief Standing Counsel appearing on behalf of the State. 3. The present writ petition has been filed by the petitioner seeking direction to the respondents authority for ensuring actual physical possession pursuant to order dated March 11, 2025 passed in proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 4. Learned counsel appearing on behalf of the respondent no.4 has passed on a copy of the order dated April 15, 2025 passed by the Debt Recovery Tribunal, Lucknow in S.A. No.319 of 2025 whereby a direction has been issued to the respondent FI (petitioner herein) to take physical possession only after issuance of ten days fresh prior notice. 5. Learned counsel appearing on behalf of the petitioner submits that he would comply the aforesaid ten days prior notice to the respondent no.4, and thereafter, proceed for taking physical possession. 6. In light of the same, it is directed that in case, aforesaid notice is duly given by the petitioner to the respondent no.4, the respondent authorities shall ensure delivery of actual physical possession with the help of the police authorities within a period of four weeks from date. 7. With the above direction, the writ petition is disposed of. Order Date :- 2.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad