Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 73164 (ALL)

INDIAN OVERSEAS BANK v. DISTRICT MAGISTRATE, MEERUT AND 4 OTHERS

WRIC/21837/2025 · 2025-07-17

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:116941-DB Court No. - 3 Case :- WRIT - C No. - 21837 of 2025 Petitioner :- Indian Overseas Bank Respondent :- District Magistrate, Meerut And 4 Others Counsel for Petitioner :- Maneesh Mehrotra Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard 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 made the following prayers:- "(i) To issue a suitable writ, order, or direction in the nature of certiorari quashing the impugned order dated 13.05.2025 passed by the Additional District Magistrate, Meerut, Respondent No.2 in Case No. 140 of 2025 passed under Section 14 of the SARFAESI Act, 2002 (Annexure -1.) (ii) To issue a suitable writ, order or direction in the nature of mandamus commanding the Respondents no.2 and 3 to handover the peaceful physical possession of the secured assets to the petitioner - bank. (iii) Any other relief which this Hon'ble Court deem just and proper in the circumstances of the case may also be awarded to the Petitioner." 3. Sri Maneesh Mehrotra, learned counsel appearing on behalf of the petitioner, submits that an application had been made before the District Magistrate, Meerut, for the withdrawal of his application under Section 14 of the SARFAESI Act, 2002. However, the order that was passed recorded that the proceedings under Section 13(2) of the SARFAESI Act have been withdrawn by the bank. He further submits that this finding is incorrect, and accordingly, this portion of the order is required to be quashed and set aside. 4. In light of the above submissions, the impugned order, in as far as it relates to the withdrawal of the Section 13(2) notice and proceedings thereunder by the Bank, is expunged from the said order. 5. With the above direction, the writ petition is disposed of. Order Date :- 18.7.2025 DKS (Praveen Kumar Giri,J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad