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Allahabad High Court · body

2026 DAILYLAW 375 (ALL)

MADANMOHAN v. UNION BANK OF INDIA AND ANOTHER

WRIC/11403/2026 · 2026-03-24

Ajit Kumar, Vivek Saran

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 11403 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE VIVEK SARAN, J. 1. Heard Sri R.K. Singh Rajput, learned counsel for the petitioners, Sri Anil Kumar Bajpayee, learned counsel for Union Bank of India and learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, the petitioner has prayed for a direction to the respondents to make clear and exact remaining loan amount of petitioner and thereafter allow him to deposit the amount in easy installments. 3. In our considered view, petitioner cannot maintain a petition against private company in view of the law laid down by Supreme Court in case of S. Shobha vs. Muthoot Finance Ltd., 2025 SCC OnLine SC 177 and hence we decline to grant indulgence in the matter, however, liberty rests with the petitioner to appeal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act before the Debts Recovery Tribunal, if so advised. 4. We provide that in the event petitioner moves an application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act along with stay application within a period of four weeks from today, the Debts Recovery Tribunal shall first dispose of the interim stay application after putting the private finance company to notice within further period of four weeks of presentation of such application and then shall endeavor to dispose of the application filed under Section 17 of the Securitization and Reconstruction of Financial Versus Counsel for Petitioner(s) : R.K. Singh Rajput Counsel for Respondent(s) : Ashish Agrawal Madanmohan .....Petitioner(s) Union Bank Of India And Another .....Respondent(s) Assets and Enforcement of Security Interest Act within a further period of two months. 5. With the aforesaid observations and directions, this writ petition stands disposed of. March 25, 2026 Jaideep/- WRIC No. 11403 of 2026 2 (Vivek Saran,J.) (Ajit Kumar,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad