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2025 DAILYLAW 99207 (ALL)

VINAY KUMAR MISHRA AND ANOTHER v. AXIS BANK LTD. AND 2 OTHERS

WRIC/34002/2025 · 2025-10-08

Indrajeet Shukla, Saumitra Dayal Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34002 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Having heard Sri Umesh Kumar Shukla, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Tanmay Chandra, Advocate holding brief of Sri Sanjay Kumar Gupta, learned counsel for the Bank. 2. It transpires, challenge has been raised to proceedings initiated against the petitioners under The SARFAESI Act. At present possession notice has been published. As to the demand the Bank claims Rs.35,79,961/- against the defaulted secured loan. The petitioner offers to pay but on terms that are not acceptable to the Bank. Accordingly, no settlement may be possible. Further, the Bank claims payment of Rs.50,000/- due against credit card issued to the petitioner. 3. In view of such objection and further in view of fact that the respondent Bank is a private company, we are not inclined to entertain the present writ petition in place of statutory remedies available to the petitioner under the Securitisation Act, 2002. 4. Leaving it open to the petitioner to pursue his statutory remedies in accordance with law interference came under Article 226 of the Constitution of India. The writ petition is accordingly, dismissed. October 9, 2025 Mohit Versus Counsel for Petitioner(s) : Umesh Kumar Shukla Counsel for Respondent(s) : Anjali Upadhya, Arpita Tarmali, C.S.C., Sanjay Kumar Gupta (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Vinay Kumar Mishra And Another .....Petitioner(s) Axis Bank Ltd. And 2 Others .....Respondent(s) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad