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2025 DAILYLAW 87303 (ALL)

SACHIN KUMAR MITTAL v. AUTHORIZED OFFICER, INDIAN BANK AND 2 OTHERS

WRIC/27987/2025 · 2025-08-19

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142149-DB Court No. - 3 Case :- WRIT - C No. - 27987 of 2025 Petitioner :- Sachin Kumar Mittal Respondent :- Authorized Officer, Indian Bank And 2 Others Counsel for Petitioner :- Vishwa Pratap Singh Counsel for Respondent :- Akhilesh Kumar Dwivedi Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel appearing on behalf of the petitioner and Shri A.K. Dwivedi, learned counsel for the respondent Indian Bank. 2. Learned counsel appearing on behalf of the respondent has taken a ground that the writ petition is not maintainable, as the matter relates to an action taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act'). 3. Upon a perusal of the material on record, we are of the view that the person is the supposed occupant/owner of the premises in question, which are secured with the bank. Accordingly, we are of the view that any application that is required to be made by the petitioner is required to be made under the Act before the Debts Recovery Tribunal. 4. Accordingly, the writ petition is disposed of with liberty granted to the petitioner to approach the Debts Recovery Tribunal in accordance with law. Order Date :- 20.8.2025 K.Tiwari (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad