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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10322 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Shri Ram Chandra Solanki, learned counsel for the petitioner and Shri Amit Shukla, learned counsel for the respondent no.5.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following relief :-
"A writ order or direction in the nature of Certiorari for quashing the impugned order dated 10.10.2025 passed by respondent no.2 (Annexure-1) in Case No.1166/2025 (Bajaj Finance Ltd. Vs. M/s Krishna Enterprises Proprietor Balvir Singh and another) and impugned notice dated 24.02.2026 issued by respondent no.3 (Annexure-2) in compliance of order dated 10.10.2025."
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 Muthoot Finance (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 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. Versus Counsel for Petitioner(s) : Ram Chandra Solanki Counsel for Respondent(s) : Amit Shukla, C.S.C. Balvir Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
5. In view of the above, we decline to grant indulgence in the matter. However, liberty rests with the petitioner to apply under Section 17 of the SARFAESI Act, 2002 before the Debt Recovery Tribunal, if so advised.
6. Subject to aforesaid liberty, petition stands consigned to records. March 19, 2026 Shiv WRIC No. 10322 of 2026 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad