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2025 DAILYLAW 60368 (ALL)

SEEMA v. STATE BANK OF INDIA (STRESSED ASSET) BRANCH ZONAL AND ANOTHER

A227/5429/2025 · 2025-05-22

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:87665 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5429 of 2025 Petitioner :- Seema Respondent :- State Bank Of India (Stressed Asset) Branch Zonal And Another Counsel for Petitioner :- Brijesh Kumar Kesharwani,Mohammad Waseem,Umakant Kushwaha Counsel for Respondent :- Satish Chaturvedi Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "(1) Issue a order or direction in the nature of mandamus direct the Civil Judge (SD), Kanpur Nagar to decide the case No.1134 of 2015 (Seema Vs State Bank of India and another) and also direct the respondents to maintain status quo till the disposal of 6C application." 2. The prayer made in the writ petition cannot be granted in view of Constitution Bench of Hon'ble Supreme Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267. 3. However, when the Court was going to dismiss the writ petition, learned counsel for the petitioners submits that 6-C application filed in Original Suit No.1134 of 2015 is pending consideration and the same may be decided expeditiously. 4. In view of above, as no useful purpose would be served in keeping the matter pending or calling for counter affidavit, writ is being disposed of, at the admission stage, with a direction upon Civil Judge (Senior Division), Kanpur Nagar to decide 6-C application filed in Original Suit No.1134 of 2015, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. 6. Sri Vivek Kumar Srivastava, learned counsel has put in appearance on behalf of respondents-Bank. Order Date :- 23.5.2025 // SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad