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2025 DAILYLAW 79050 (ALL)

M/S ANMOL BREWERIES PVT. LTD. AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/24900/2025 · 2025-08-20

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143252-DB Court No. - 3 Case :- WRIT - C No. - 24900 of 2025 Petitioner :- M/S Anmol Breweries Pvt. Ltd. And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anshul Kumar Singhal,Sanjay Prakash Tiwari Counsel for Respondent :- C.S.C.,Jainendra Kumar Mishra Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This writ petition is filed under Article 226 of the Constitution of India wherein the writ petitioners have prayed for the following reliefs: "(i) Issue a writ order or direction in the nature of Certiorari calling for the record and to quash the Impugned Order dated 23.06.2025 passed by Additional District Magistrate (Finance and Revenue), Varanasi-respondent No.2 in Case No. 1547 of 2025 (Authorized Officer, P.N.B. Vs. M/s Anmol Breweries and others) U/s 14 of the SARFAESI Act 2002. (ii) Issue a writ order or direction in the nature of Mandamus commanding the respondents not to take any coercive action against the petitioners pursuant to the Impugned Order dated 23.06.2025 passed by Additional District Magistrate (Finance and Revenue), Varanasi- respondent No.2 in Case No. 1547 of 2025 (Authorized Officer, P.N.B. Vs. M/s Anmol Breweries and others) U/s 14 of the SARFAESI Act 2002." 3. Upon perusal of the prayer, it is clear that the present writ petition has been filed challenging 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 (Finance and Revenue), Varanasi. It is to be noted that a Securitisation application is also pending before the Debts Recovery Tribunal. 4. In light of the same, this writ petition is not maintainable and is dismissed with liberty granted to the petitioners to move an application before the Debts Recovery Tribunal for redressal of their grievances. Order Date :- 21.8.2025 K.Tiwari (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad