Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 9956 (ALL)

VARTHANA FINANCE PRIVATE LIMITED v. STATE OF U.P. AND 11 OTHERS

WRIC/39808/2026 · 2026-09-30

Prakash Padia, Vivek Saran

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 39808 of 2026 Court No. - 5 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard Sri Ramesh Kumar Shukla, 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, petitioner has prayed for a direction to the competent authority under Section 14 of SARFAESI Act, 2002 to get order dated 10.11.2025 executed for delivery of possession of the secured assets in favour of the secured creditor Case No.1731 of 2024. 3. It is contended by learned counsel for the petitioner that in the light of the judgment of Supreme Court in the case of C. Bright v. The District Collector & others, AIR 2020 SC 5747, it is the duty of the competent authority to provide for a Nodal Officer, may be Sub Divisional Magistrate or any other revenue authority and also necessary police force to get the order passed under Section 14 executed in accordance with law. 4. Learned Standing Counsel submits that if the petitioner approaches the authority, the authority shall ensure the compliance of the order passed under Section 14 of SARFAESI Act, 2002. 5. In view of the above, we dispose of this petition with a direction to the petitioner to file an application before the competent authority within a period of two weeks from today and in the event, if such application is filed, as directed herein above, the competent authority shall ensure that the order passed under Section 14 of SARFAESI Act, 2002 dated 10.11.2025 gets Versus Counsel for Petitioner(s) : Ramesh Kumar Shukla Counsel for Respondent(s) : C.S.C. Varthana Finance Private Limited .....Petitioner(s) State Of U.P. And 11 Others .....Respondent(s) executed in accordance with law and in the light of the judgment of Supreme Court in the case of C. Bright (supra) within a further period of four weeks, if otherwise, there is no legal impediment and there is a compliance of Section 26D of SARFAESI Act, 2002. October 1, 2026 Swati WRIC No. 39808 of 2026 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad