A.U. SMALL FINANCE BANK LIMITED v. STATE OF U.P. AND 4 OTHERS
WRIC/38013/2026 · 2026-09-29
Prakash Padia, Vivek Saran
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11724 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11724 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38013 of 2026 Court No. - 5 HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. The petitioner has preferred the present petition with the following prayer:-
"i. Issue a writ, order, or direction in the nature of mandamus, commanding the Respondent No. 3 (Commissioner of Police, Commissionerate, Ghaziabad) to forthwith provide adequate police force and assistance to the authorized officer of the Petitioner Bank for taking physical possession of the secured asset, i.e., Property Situated At Khasra No 1627/1Min, Village- Loni, Bagh Ranap, Near School Pargana Loni, Dist- Ghaziabad, Uttar Pradesh-201102, Admeasuring 50 Square Yards, in compliance with the order dated 09.08.2024 passed by the Respondent No. 2 [Additional District Magistrate (Finance and Revenue), Ghaziabad] in Case No. 1898/2024: AU Small Finance Bank Ltd. Vs Praveen Kumar and Others."
2. After hearing counsel for the parties, following order was passed by this Court on 22.09.2026:- Notice on behalf of respondents nos. 1, 2 and 3 is accepted by Mr. Vijay Shyam Bhaskar, learned Standing Counsel. Issue notice to respondents nos. 4 and 5, returnable on 30.09.2026. Steps for the purpose shall be taken by R.P.A.D. within 48 hours. Versus Counsel for Petitioner(s) : Ram Chandra, Ratan Kumar Tandon Counsel for Respondent(s) : C.S.C. A.U. Small Finance Bank Limited .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
Adjourned to 30.09.2026. To be taken up as fresh, along with a report regarding service and the postal track attached. By that time, the Commissioner of Police, Ghaziabad and the Additional District Magistrate (Finance and Revenue), Ghaziabad shall file their own affidavit, indicating why necessary assistance to take physical possession of the secured asset has not been provided to the petitioner. The Registrar (Compliance) is directed to communicate this order to the Commissioner of Police, Ghaziabad and the Additional District Magistrate (Finance and Revenue), Ghaziabad, both through the learned Chief Judicial Magistrate, Ghaziabad within 24 hours next. 3. Pursuant to the aforesaid order, personal affidavit has been filed by respondent No.2/Additional District Magistrate (Finance & Revenue) Ghaziabad before the Court, the same is taken on record. 4.
It is stated in paragraph No.5 of the aforesaid affidavit that for compliance of the order dated 09.08.2026 passed under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (In Short "SARFAESI Act 2002"), office of respondent No.2 has issued a fresh notice dated 15.09.2026 to the respondent Nos.4 & 5, copy of which is appended as Annexure No.PA-1 to the affidavit. 5. In this view of the matter, the present petition is disposed of directing the respondent No.2/Additional District Magistrate (Finance & Revenue) Ghaziabad to take all the possible efforts for compliance of the 09.08.2026 passed under Section 14 of SARFAESI Act 2002. September 30, 2026 saqlain WRIC No. 38013 of 2026 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad