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2025 DAILYLAW 94133 (ALL)

KANHAIYA LAL AND 5 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/32107/2025 · 2025-10-05

Indrajeet Shukla, Saumitra Dayal Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32107 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Gyan Prakash Shrivastava learned counsel for the respondent bank. 2. Challenge has been raised to the E-Auction sale notice dated 07.08.2025 issued under SARFAESI Act, 2002. 3. Undeniably, petitioners had earlier filed Writ-C No. 18427 of 2024 (Kanhaiya Lal and 5 Others Vs. State of U.P. And 3 Others). It was disposed of vide order dated 28.5.2024 by the following operative directions: "4. Accordingly and with consent of the learned counsel for parties, the petition is disposed of as follows:- a). The petitioners will deposit 20 per cent of the outstanding amount before respondent-Bank as upfront money by 20.06.2024; (b). The remaining amount will be deposited by the petitioners in three equal bi- monthly installments so that the entire liability is cleared within next six months; (c). In case of default, in complying with the conditions stipulated above the instant arrangement will stand automatically discharged and it shall become open to the respondent-Bank to proceed further in the matter in accordance with law. " 4. At present, it appears that the petitioners have not complied with condition no. (b). Versus Counsel for Petitioner(s) : Ram Lakhan Kanoujia Counsel for Respondent(s) : C.S.C., Gyan Prakash Shrivastava Kanhaiya Lal And 5 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 5. The, present petition is second petition for the same cause. Accordingly, it is dismissed leaving it open to the petitioners to avail their statutory remedy. October 6, 2025 Faraz WRIC No. 32107 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad