BRAHMANAND JAISWAL v. STATE OF UTTAR PRADESH AND ANOTHER
WRIC/26178/2025 · 2025-08-20
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83251 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83251 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:143259-DB Court No. - 3 Case :- WRIT - C No. - 26178 of 2025 Petitioner :- Brahmanand Jaiswal Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Dwarika Prasad Shukla Counsel for Respondent :- C.S.C.,Sanjay Kumar Srivastava Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. In the present writ petition, the petitioner is challenging a letter dated 05.07.2025, issued by the respondent No.2, Bank of India, who has sent a notice for the seizure of the hypothecated vehicle due to non-payment of outstanding dues.
2. This writ petition is not maintainable as, at present, there is no cause of action that has arisen. The bank is acting in accordance with the loan and hypothecation agreement and the notice has been issued under the said contract. The petitioner, having taken the loan, is required to repay the loan amount and in the event the bank acts in an arbitrary manner, he can always take recourse to the civil court.
3. In light of the same, we do not see any reason to interfere in this matter at this stage. With the above directions, the writ petition is
disposed of.
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