Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85835 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85835 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:144265-DB Court No. - 3 Case :- WRIT - C No. - 27346 of 2025 Petitioner :- Avinita Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Respondent :- C.S.C.,Manish Trivedi 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:-
"A) Issue, a writ order or direction in the nature of certiorari quash the impugned order dated 25.07.2024 under section 14 of SARFAESI 2002 (ICICI Bank Versus Shailendra Kumar and another) for recover a sum of Rs. 31,65,843.00. B) Issue, a writ order or direction in the nature of mandamus commanding / directing to the Respondent no. 3 to extent the time of OTS letter dated 14.07.2025 (Rs. Rs. 765000 +75000 + 235000 + 1150000 +1100000) Total 33,25,000, for a period of 3 Month, as the Petitioner could not be arranged the such amount within prescribed time. C) Issue, a writ order or direction in the nature of mandamus commanding / directing to the Respondent no. 3 to decide the representation dated 28.07.2025 for extent the time of OTS letter dated 14.07.2025 (Rs. 765000 +75000 + 235000 + 1150000 + 1100000) Total = 33,25,000. D) Issue, a writ order or direction in the nature of mandamus commanding the respondent concern as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
3. After perusal of the documents, it is clear that the petitioner has entered into an OTS Scheme with the ICICI Bank Ltd./respondent No.3. In spite of the same, the petitioner has not made the payment as per the OTS Scheme and is seeking extension of time under the OTS Scheme.
4. In light of the above submission, we are of the view that the petitioner should file a fresh representation before the Bank and the Bank should consider the same in accordance with law.
5. With the above direction, the writ petition is disposed of. Order Date :- 21.8.2025/DKS (Praveen Kumar Giri,J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad