ADITYA KUMAR SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER
WRIC/25335/2025 · 2025-07-31
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80993 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80993 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:128879 Court No. - 33 Case :- WRIT - C No. - 25335 of 2025 Petitioner :- Aditya Kumar Singh And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Harish Chandra Yadav Counsel for Respondent :- C.S.C.,Satish Chaturvedi Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Shri Pankaj Kumar Ojha, Advocate, holding brief of Shri Vivek Mishra, learned counsel for the Respondent-bank.
2. The petitioners have preferred the present writ petition inter-alia with the prayer to direct the respondents to stay the further proceeding initiated in Recovery citation dated 21.05.2025, issued by Respondent No. 2 against the petitioners.
3. A preliminary objection has been raised by the counsel appearing on behalf of Respondent-Bank that against the aforesaid
order, statutory alternative remedy is available to the petitioners to file application under Section 17 of the SARFAESI Act, 2002 before the Debt Recovery Tribunal.
4. At this point of time, a prayer has been made by the counsel for the petitioners to dismiss the present writ petition as not pressed with liberty to the petitioners to approach the Tribunal as per provisions contained under SARFAESI Act, 2002.
5. Prayer is allowed.
6. Accordingly, the writ petition is dismissed as not pressed with liberty as prayed.
Order Date :- 1.8.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad