A.U. SMALL FINANCE BANK LTD v. STATE OF U.P. AND 5 OTHERS
WRIC/14363/2025 · 2025-05-13
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54664 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54664 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79385-DB Court No. - 40 Case :- WRIT - C No. - 14363 of 2025 Petitioner :- A.U. Small Finance Bank Ltd Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anuj Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief:
"Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent authorities to comply with the order dated 17-09- 2022 passed by Additional District Magistrate (F&R) Gautambudh in Case No.6719 of 2022 (AU Small Finance Bank Ltd. Vs. Kalu and anrs) under section 14 of the SARFAESI Act and handover the physical possession of the mortgaged property to the petitioner financial institution."
3. In spite of the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by the Additional District Magistrate (F & R), Ghaziabad, on September 17, 2022, the petitioner has not got physical possession of the property.
4. In light of the same, we are of the view that the Additional District Magistrate (F & R), Ghaziabad should complete the task of handing over the physical possession of the property in question to the petitioner. If the District Magistrate requires the assistance of the police personnel, the concerned police station should provide the assistance to the Additional District Magistrate for the aforesaid purpose, in accordance with law.
5. With the aforesaid directions, the writ petition is disposed of. Order Date :- 14.5.2025 Kuldeep (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad