Disposed

Jitendra Gupta v. Distt. Magistrate , Unnao and Others

Allahabad HC5 Jul 2024/4114/2024

Case brief

AI extract

What is this about?

The High Court directed the District Magistrate, Unnao, to deliver possession of the secured asset within two weeks of receiving notice from the bank, citing non-compliance with an impugned order under Section 14 of the SARFAESI Act, 2002.

What did the court decide?

Direction to the District Magistrate to comply with his Section 14 order and deliver possession within two weeks.

Jitendra Gupta Vs Distt. Magistrate , Unnao… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45727-DB

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Court No. - 3

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Case :- WRIT - C No. - 4114 of 2024

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Petitioner :- Jitendra Gupta Respondent :- Distt. Magistrate , Unnao And Others Counsel for Petitioner :- Ghulam Mohammad Kamil,Narendra Bahadur Singh

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Counsel for Respondent :- C.S.C.,Vinay Shankar

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

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AfÏdavit filed on behalf of respondent nos. 2 to 4 by Sri Vinay Shankar, Advocate is taken on record.

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Learned counsel for the petitioner has pointed out the order passed by this court dated 09-05-2024.

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We have gone through the order dated 09-052024. It is being quoted hereinunder:-

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"1. Counsel for the petitioner is permitted to implead the Borrower who had mortgaged the secured asset with the opposite party-Bank, during course of the day, even though according to the petitioner, his securitization applications have been disposed of but he has not deposited the amount as was permitted therefore, he is entitled to the possession of the secured asset regarding which Section 10 order has already been passed though it is not on record which the petitioner should brring on record on the next date. The bank should file an afÏdavit clearly mentioning as to whether any proceedings are pending before any Tribunal, Forum or Court in respect of the secured asset in question or not.

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2. Let notice be issued to the newly impleaded opposite party no. 5 through registered post.

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3. List in the 1st week of July, 2024, as fresh. "

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Leaned counsel appearing for the respondent-bank has prepared an afÏdavit, wherein, it has been stated that no proceedings are pending in any court, Tribunal or any forum against the order under section 14 of the SARFAESI Act, 2002, passed by the District Magistrate on 31-12-2018. The bank has already deposited Rs. 62,206/- on 09-02-2023 as expenses for taking police assistance, however, District Magistrate, Unnao, has not delivered the possession.

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We take notice of the afÏdavit of the bank and the writ petition is disposed of with a direction to the District Magistrate, Unnao, to comply with his own order passed under section 14 of the SARFAESI Act, 2002, as expeditiously as possible, say within a period of two weeks from the date a certified copy of this order is produced him by the bank and the auction purchaser, if there is no other legal impleadment.

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Order Date :- 5.7.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Jitendra Gupta v. Distt. Magistrate , Unnao and Others

Case brief

What is this about?

What did the court decide?

Jitendra Gupta v. Distt. Magistrate , Unnao and Others

Case brief

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What did the court decide?

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