Disposed

Pankaj Kumar v. Bank of India and Another

Allahabad HC2 Nov 2020WRIC/14960/2020

Case brief

AI extract

What is this about?

The High Court directed the District Magistrate, Prayagraj, to decide pending proceedings under Section 14 of the SARFAESI Act within six weeks. The Court disposed of the writ petition by asking the respondent to act expeditiously without expressing any opinion on the merits of the petitioner's claim for refund and possession.

What did the court decide?

Directed District Magistrate, Prayagraj to decide proceedings under Section 14 of SARFAESI Act within six weeks.

Pankaj Kumar Vs Bank of India and Another — Land Acquisition | Allahabad HC (2020)

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Court No. - 32

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Case :- WRIT - C No. - 14960 of 2020

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Petitioner :- Pankaj Kumar Respondent :- Bank Of India And Another Counsel for Petitioner :- Ali Qambar Zaidi, Ravindra Kumar Tripathi Counsel for Respondent :- Sanjay Kumar Srivastava, Vatsala

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Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.

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

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"i. Issue a writ, order or direction in the nature of mandamus directing the respondents to refund the amount of Rs. 62.20 Lacs along with the interest at least 12% per annum from the date of payments made to the bank by the petitioner till such date the bank refunds the said amount along with interest."

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Heard learned counsel for the petitioner, Ms. Vatsala, learned counsel for the respondent and perused the record.

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By order dated 13.10.2020 the petitioner was directed to implead District Magistrate, Prayagraj as respondent no. 5.

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Learned counsel for the petitioner has stated that the petitioner had purchased a property through E-auction proceedings. Even though he has deposited the entire amount, still he is not able to get the possession as the proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (in short the "SARFAESI Act") are pending and no

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final order has yet been passed in the matter.

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Learned counsel for the petitioner has confined his prayer to the extent that the respondent no. 5- District Magistrate, Prayagraj before whom the proceedings under Section 14 of the SARFAESI Act is pending, may be directed to decide the same within a stipulated period of time.

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Learned counsel for the respondent has stated that she has no objection to the prayer so made by the learned counsel for the petitioner.

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Considering the facts and circumstances of the case, we request the respondent no. 5- District Magistrate, Prayagraj to decide the matter pending before it under Section 14 of the SARFAESI Act in accordance with law expeditiously preferably within a period of six weeks from the date of receipt of copy of this order after giving opportunity of hearing to the concerned parties.

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With the aforesaid observation, this writ petition is finally disposed of.

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It is made clear that this Court has not expressed any opinion on the merits of the case.

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Order Date :- 2.11.2020 Arun

Pankaj Kumar v. Bank of India and Another

Case brief

What is this about?

What did the court decide?

Pankaj Kumar v. Bank of India and Another

Case brief

What is this about?

What did the court decide?

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