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2026 DAILYLAW 580 (ALL)

KUNDAN KUMAR v. STATE OF UTTAR PRADESH AND ANOTHER

WRIC/10456/2026 · 2026-03-18

Ajit Kumar, Swarupama Chaturvedi

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10456 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following reliefs :- "I. Issue a writ, order or direction quashing the impugned recovery notice dated 26.06.2025 issued by Respondents No 2 in Ref No CFHL/KNP/RECOVERY/240-144 for Rs. 45,324 of pending EMI'S with ECS BOUNCED charges to the petitioner (Annexure No. 1 to this writ petition). II. Issue a direction restraining the respondents from taking coercive recovery proceedings against the petitioner. III. Direct the respondents to allow the petitioner to deposit the outstanding amount in reasonable instalments." 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, Versus Counsel for Petitioner(s) : Madhu Sudan Dwivedi, Shrawan Dwivedi Counsel for Respondent(s) : C.S.C. Kundan Kumar .....Petitioner(s) State Of Uttar Pradesh And Another .....Respondent(s) 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, 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. 10456 of 2026 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad