Disposed

Bank of Baroda Thru. Chief Manager and Power Attorney Mr. Naveen Kumar Upadhyay v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Allahabad HC26 Sept 2024WRIC/8392/2024

Case brief

AI extract

What is this about?

The Allahabad High Court addressed a writ petition concerning non-compliance of an order under Section 14 of the SARFAESI Act, 2002. The court adjourned proceedings to the next day to call the District Magistrate and other authorities to show cause for delays and threats made against bank officials.

What did the court decide?

Directing District and Sub-Divisional Magistrates and Bank officials to appear on 19.11.2024 to explain delays and threats against bank officials.

Bank of Baroda Thru. Chief Manager… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 2 Case :- WRIT - C No. - 8392 of 2024 Petitioner :- Bank Of Baroda Thru. Chief Manager And Power Attorney Mr. Naveen Kumar Upadhyay Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Prashant Kumar Srivastava Counsel for Respondent :- C.S.C.

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Along with

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Case :- WRIT - C No. - 8412 of 2024 Petitioner :- Bank Of Baroda Thru Its Chief Manager Power Of Attorney Mr. Naveen Kumar Upadhyay Respondent :- State Of U.P. Thru. Prin. Secy. (Home) U.P. U.P. And 4 Others Counsel for Petitioner :- Prashant Kumar Srivastava Counsel for Respondent :- C.S.C.

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AND

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Case :- WRIT - C No. - 8413 of 2024 Petitioner :- Bank Of Baroda Vibhuti Khand Gomti Nagar Lko Thru. Chief Manager And Authorized Officer Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Finance Govt. Civil Sectt. Lko And 8 Others Counsel for Petitioner :- Shailendra Singh Rajawat Counsel for Respondent :- C.S.C.

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Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

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We have passed the following order on 12.11.2024 :-

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"Not only the compliance of order passed under Section 14 of the SARFAESI Act, 2002 has been delayed even instructions are not being provided by the District Magistrate, Rae Bareli till date in spite of order date 26.09.2024, although the Sub Divisional Officer, Dalmau, Rae Bareli has sent a letter to the learned Chief Standing Counsel regarding grant of two weeks' further time for providing instructions.

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Let the District Magistrate, Rae Bareli and ADM (Administration), Rae Bareli join these proceedings through video conferencing on 18.11.2024 and show cause as to why heavy cost be not imposed for not only for keeping the proceedings pending for long as also for not providing the requisite instructions in spite of one and half months having lapsed.

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List this case on 18.11.2024.

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Office to provide necessary link."

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We have heard the matter. Shri Manish Mishra, learned Standing Counsel for the State respondents says that the order passed under Section 14 of SARFAESI Act, 2002 has been complied with.

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However, learned counsel for the Bank of Baroda, Shri Prashant Kumar Srivastava, has submitted at the Bar on the basis of instructions that after the order on 12.11.2024 by this Court, the Sub-Divisional Magistrate-Sadar, Shri Prafulla Kumar Sharma called the Bank Officials to his office, threatened them with dire consequences. They stated that he will talk to the Chief Secretary and get their business closed.

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We have waited for the District Magistrate, Rae Bareli and the Additional District Magistrate, (Administration), Raebareli to join the proceedings through Video Conferencing. It is informed that they are trying to join Video Conferencing but have not been able to hear or see them.

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Let both of them appear tomorrow, i.e.19.11.2024 specially as the proceedings under Section 14 of SARFAESI Act remained pending for quite some time in all the three cases and submit an explanation not only in the light of the earlier order dated 12.11.2024 but also in view of what has been stated hereinabove today by the counsel for the Bank of Baroda.

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The Sub-Divisional Magistrate, Tehsil Dalmau, District Raebareli, Shri Prafull Kumar Sharma, shall also appear before this Court tomorrow itself so will the Bank officials of the petitioner who were summoned by him. Any attempt by any District Authority whether it be of the Executive or Police to contact the Bank Officials of Bank of Baroda or to threaten them in any manner any further would be taken very seriously and consequences would be very severe for anybody who does so.

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Copy of the order today.

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Put up tomorrow, i.e. 19.11.2024 at 10:15 a.m.

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Order Date :- 18.11.2024 Pks

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[Brij Raj Singh,J.] [Rajan Roy, J.]

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Bank of Baroda Thru. Chief Manager and Power Attorney Mr. Naveen Kumar Upadhyay v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Bank of Baroda Thru. Chief Manager and Power Attorney Mr. Naveen Kumar Upadhyay v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Case brief

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What did the court decide?

What the court decided

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