SARFARAZ AHMAD v. AADHAR HOUSING FINANCE LTD AND ANOTHER
WRIC/17628/2026 · 2026-05-05
Ajit Kumar, Indrajeet Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3361 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3361 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17628 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Ashish Kumar Dubey, learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioners have prayed for following relief:
"(i) Issue a writ, order or direction in the nature of certiorari quashing to stay the effect and operation of the auction notice dated 08.06.2022 issued by the respondent no. 1 putting on auction the property being Arazi no. 258 M.I.G. Einuddinpur Tehsil Sadar,Einuddin Manjit Ke Pas Allahabad pursuant to the loan account being 0000002700002060."
3. Per contra it is argued by learned Standing Counsel that the respondent financial institution being a private Bank, this Court may not like to interfere under Article 226 of the Constitution in the light of the judgement in the case of S. Shobha vs. Muthoot Finance Ltd., 2025 SCC OnLine SC 177. 4. We have heard learned counsel for the parties and have perused the relief claimed in this petition and also the judgement in the case of S. Shobha vs. Muthoot Finance Ltd. (supra) in which the Supreme Court has held that the High Courts should refrain themselves from interfering in matters of debt liabilities and the consequential action taken by such financial institutions under the Securitisation and Reconstruction of Versus Counsel for Petitioner(s) : Ashish Kumar Dubey, Rajesh Chandra Dwivedi Counsel for Respondent(s) : Sarfaraz Ahmad .....Petitioner(s) Aadhar Housing Finance Ltd And Another .....Respondent(s)
Financial Assets and Enforcement of Security Interest Act, 2002 (in short the 'SARFAESI Act, 2002') by invoking extraordinary jurisdictional power under Article 226 of the Constitution. 5. In view of the above, we decline to grant indulgence in the matter. However, we still provide that in the event petitioners apply before the Debt Recovery Tribunal under Section 17 of SARFAESI Act, 2002 within a period of four weeks from today along with stay application and if he does so, the said application shall be considered after putting the bank to notice and dispose of the same within a further period of four weeks thereafter and thereafter securitization application itself shall be disposed of as expeditiously as possible preferably within a further period of three months. 6.
6. Subject to aforesaid liberty, petition stands consigned to records. May 6, 2026 IrfanUddin WRIC No. 17628 of 2026 2 (Indrajeet Shukla,J.) (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad