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2025 DAILYLAW 61436 (ALL)

M/S ICICI BANK LTD v. STATE OF U.P. AND 4 OTHERS

WRIC/16423/2025 · 2025-05-20

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86090-DB Court No. - 40 Case :- WRIT - C No. - 16423 of 2025 Petitioner :- M/S Icici Bank Ltd Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kundan Rai Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard Sri Kundan Rai, learned counsel appearing on behalf of the petitioner and Sri Arimardan Singh Rajpoot, learned Standing Counsel appearing on behalf of the State respondents. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has prayed for a direction to the respondent No. 2, the Additional Chief Judicial Magistrate - II, Kanpur Nagar, to decide Case No. 4344 of 2023 [ICICI Bank Ltd. Vs. M/s Madhuchandra Technochem Complex Pvt. Ltd. & Others], within a stipulated time period, as per the statutory provision provided under Section 14 of the SARFAESI Act. Upon perusal of the prayer, it transpires that the petitioner is aggrieved by the inaction on the part of the aforesaid respondent in deciding the aforesaid case. Learned counsel appearing on behalf of the petitioner submits that raising its grievance the petitioner has filed the aforesaid case before the respondent authority, however the same has not yet been decided. Upon due consideration, we are of the view that the respondent No. 2, should be directed to pass a reasoned order upon the case of the petitioner. Accordingly, the respondent No. 2, is directed to take into consideration of the petitioner's case and pass a reasoned order upon the aforesaid case, in accordance with law, within a period of two months from date, after granting an opportunity of hearing to the petitioner. With the above direction, the writ petition is disposed of. Order Date :- 21.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad