Disposed

Bablu Kumar Pandey v. State of U.P. and 3 Others

Allahabad HC10 Dec 2019WRIC/39284/2019

Case brief

AI extract

What is this about?

Petitioner sought quashing of possession notice and direct entry into property. Court granted liberty to apply for deposit of dues under SARFAESI Act, stayed coercive action for six weeks or until decision. Petition disposed of.

What did the court decide?

Liberty granted to petitioner to apply under Section 13(8) of SARFAESI Act; coercive action stayed for six weeks or till application decided.

Bablu Kumar Pandey Vs State of U.P. and 3 Others — Banking and Recovery | Allahabad HC (2019)

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Court No. - 32

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Case :- WRIT - C No. - 39284 of 2019

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Petitioner :- Bablu Kumar Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar,Shashank Maurya Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana

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Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.

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This writ petition, inter alia, has been filed for the following reliefs:

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"A. Issue a writ, order or direction in the nature of writ of certiorari to quash the possession notice dated 16.11.2019 issued by respondent no. 3/Authorized Officer, United Bank of India, Regional Office, New Delhi (Recovery Department).

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B. Issue a writ, order or direction in the nature of writ of mandamus and direct to the respondent no. 2, 3 and 4 to open to lock of house of the petitioner and petitioner as well as his family members may be permitted to enter in plot No. M-120, FF-3, MIG, First Floor, Sector-12, Pratap Vihar, Ghaziabad."

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Heard learned counsel for the petitioner, Sri Krishna Mohan Asthana, learned counsel for the respondent No. 3 and 4, learned Standing Counsel and perused the record.

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After arguing the matter for quite some time, learned counsel for the petitioners stated that the petitioner is prepared to deposit the entire outstanding amount as provided under Section 13 (8) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the SARFAESI Act")

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provided some reasonable time is given to the petitioner.

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Learned counsel for the bank stated that he has no objection in case the petitioner is prepared to deposit the entire amount before the authority concerned in this regard.

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Considering the facts and circumstances of the case, we grant liberty to the petitioner to make a proper application before the authority concerned, under Section 13 (8) of the SARFAESI Act within a period of two weeks from today. In case any such application is moved, it shall be decided by the said authority in accordance with law expeditiously preferably within a period of four weeks from the date of receipt of the said application along with a certified copy of this order.

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For a period of six weeks from today or till the application of the petitioner is decided, whichever is earlier, no coercive action shall be taken against the petitioner.

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With this observation, this writ petition stands finally disposed of.

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Order Date :- 10.12.2019 vinay

Bablu Kumar Pandey v. State of U.P. and 3 Others

Case brief

What is this about?

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Bablu Kumar Pandey v. State of U.P. and 3 Others

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