HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32266 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Shri Kartikeya Saran, learned counsel for the petitioners and Shri Sumit Kakkar, learned counsel for respondent bank. 2. The present petition has been filed to challenge the notice/ letter No. SARB/2025-26/ SVD/325 dated 25.08.2025 issued by Assistant General Manager, State Bank of India, Stressed Assets Recovery Branch District Prayagraj. 3. Briefly, it may be noted, similar notice had been earlier issued to the petitioners on 16.04.2025 that was challenged by the petitioners by means of Writ C No. 24359 of 2025 (M/S Rita International and Another v. Union of India and 4 others). It was disposed of by following order:- "1. Heard Sri Kartikeya Saran, learned counsel appearing on behalf of the petitioners and Sri Pankaj Kumar Ojha, learned counsel appearing on behalf of the respondent Bank. 2. Counsel appearing on behalf of the respondent Bank has placed before this Court an e-mail dated July 28, 2025 which shows that the notice issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been withdrawn by the respondent Bank. 3. In light of the same, the cause of action with which the petitioners have approached this Court does not survive. 4. Furthermore, it may be noted that the petitioners have sought for restructuring proposal to the Versus Counsel for Petitioner(s) : Kartikeya Saran, Ujjawal Satsangi, Veerendra Kumar Shukla Counsel for Respondent(s) : A.S.G.I., Satish Chaturvedi M/S Rita International And Another .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) respondent Bank, the same may be considered by the respondent Bank in accordance with law within a period of four weeks from date. 5. With the above direction, the writ petition is disposed of. " 4. Consequently the petitioners applied to the bank on 21.07.2025 seeking restructuring of the loan. That application was first moved before the loaning branch at Varanasi. It was re-directed to the Stressed Assets Recovery Branch (SARB) at Prayagraj. The matter kept travelling back and forth between the two branches of the bank. Last, on 25.08.2025 Varanasi Branch wrote to the petitioners to submit detailed re-structuring plan. On the same date the (SARB) at Prayagraj has now issued the impugned notice. Hence the present petition. 5. At the outset Shri Sumit Kakkar, learned counsel for bank has produced the written instructions received by him. Accordingly the e-mail communication dispatched by the SARB of the respondent bank to the Varanasi Branch has been produced as below: " Dear sir, As per your trail mail dated 16.09.2025, it is to be informed that the Migrating Branch i.e. Specialized Commercial Branch, Varanasi has reported, the borrower has submitted the restructuring proposal to them, which is incomplete. Some additional data and documents/ information yet to be submitted by borrower to the concerned branch. After getting the complete required documents, the migrating branch will put up the same before the competent authority i.e. zonal level credit committee headed by DGM (B&O), Varanasi for necessary consideration as per merit of the proposal. The whole process will take approx. 15-20 days. The said account has been migrated to us for recovery process and accordingly we have issued 13(2) notice under SARFAESI action. The notice under 13(2) of SARFAESI will be withdrawn if restructuring proposal gets approved by the competent authority. Further, we submit that if restructuring proposal is not considered, our demand notice of 60 days under 13 (2) of SARFAESI act 2002 issued on 25.08.2025 will stand in force. Regards, Rajesh Kumar Chief manager, 7781013690 WRIC No. 32266 of 2025 2 for State Bank of India Stressed Assets Recovery Branch 4, Kutchery Road, State Bank Building, First Floor, Allahabad-211002 Ph-03522266460" 6. In such facts Shri Sumit Kakkar was required to complete his instructions as to the current status of the petitioners' application i.e. whether it is defective or complete in all respects. 7. Accordingly Shri Sumit Kakkar further informs that the petitioners' application is complete in all respects and has been forwarded to the competent authority for appropriate decision. As indicated in the email communication noted above, final decision is expected to be taken within 15-20 days. 8. In view of such fair statement made, no adjudication is required, at present. 9. The writ petition is disposed of with the direction on respondent bank to pass appropriate reasoned order on the petitioner's application (described as complete by the bank) not later than 30.11.2025. 10. In the meanwhile no coercive action shall be taken pursuant to the impugned order. October 7, 2025 Nadeem WRIC No. 32266 of 2025 3 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad