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2025 DAILYLAW 58398 (ALL)

INDIAN BANK HINDI SAHITYA SAMMELAN BRANCH v. STATE OF U.P. AND 8 OTHERS

WRIC/15693/2025 · 2025-05-22

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88375-DB Court No. - 40 Case :- WRIT - C No. - 15693 of 2025 Petitioner :- Indian Bank Hindi Sahitya Sammelan Branch, Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ved Prakash Tripathi Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Sri Sanjay Kumar Gupta, learned counsel has put in appearance on behalf of respondent no.7 by filing his vakalatnama today in the Court, which is taken on record. 2. Heard Ved Prakash Tripathi, learned counsel appearing on behalf of the petitioner; Sri Sanjay Kumar Gupta, learned counsel appearing on behalf of respondent no.7 and learned Standing Counsel appearing on behalf of the State. 3. This is a writ petition under Article 226 of the Constitution of India wherein the Indian Bank has prayed for the following reliefs:- "i) issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to take physical possession over the House No.264A/14A, Newada Housing Scheme, Newada, Ashok Nagar, Prayagraj for the delivery of physical possession of the secured assets to the petitioner Bank in compliance of the order dated 10.12.2024 (Annexure No.1 to the writ petition) passed by Additional District Magistrate (F/R), Prayagraj. ii) issue any other writ, order or direction of suitable nature in favour of the petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and iii) award the cost of this writ petition in favour of the petitioner." 4. Upon perusal of the documents, it appears that a Securitization Application has been filed by the borrower, in which interim order was prayed by the borrower, however, by order dated May 19, 2025 the Debts Recovery Tribunal has categorically rejected for grant of any interim order in favour of the borrower. It further appears that an appeal has been filed by the borrower against the order dated May 19, 2025 before the Debts Recovery Appellate Tribunal and the same is pending. 5. In light of the above position, the order dated December 10, 2024 passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is required to be enforced by the respondent no.6 in accordance with law. 6. Accordingly, we direct the respondent no.6 to act expeditiously and take over the possession of the property and handover the same to the bank authorities within a period of eight weeks from date. 7. With the above directions, the writ petition is disposed of. Order Date :- 23.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad