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2025 DAILYLAW 54110 (ALL)

SAMEER AND ANOTHER v. D.C.B. BANK LTD AND ANOTHER

WRIC/14339/2025 · 2025-05-19

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84712-DB Court No. - 29 Case :- WRIT - C No. - 14339 of 2025 Petitioner :- Sameer And Another Respondent :- D.C.B. Bank Ltd And Another Counsel for Petitioner :- Rakesh Kumar Tiwari Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Abhishek Dwivedi holding brief of Sri Rakesh Kumar Tiwari, learned counsel for the petitioners and learned counsel for the respondents. 2. Petitioners are aggrieved by proceeding initiated against them under the SARFAESI Act, 2002. 3. It is not in dispute that the petitioners have availed of finance from the respondent-bank and due to default in repayment various steps are taken under the SARFAESI Act, 2002. Possession notice has also been issued. 4. Learned counsel for the petitioners states that the petitioners are willing to pay the amount. 5. The respondent-bank admittedly is not represented. In the event, the petitioners are willing to pay the amount they may contact the bank or approach the Debt Recovery Tribunal which is the competent forum for adjudication of such issues in view of the law laid down by the Supreme Court in the case of United Bank of India vs. Satywati Tondon and others 2010 (8) SCC 110. 6. Writ petition is, accordingly, consigned to records. Order Date :- 20.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad