Disposed

State Bank of India Thru. Its Chief Manager Amit Kumar Singh v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Allahabad HC13 Nov 2024WRIC/9568/2024

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What is this about?

High Court disposed pending Section 14 SARFAESI Act application by Directing Additional District Magistrate to decide within one month and comply with existing judgments by six weeks.

What did the court decide?

Directs ADM (Finance & Revenue), Lucknow to decide Section 14 application within one month and comply with relevant judgments within six weeks.

State Bank of India Thru. Its Chief Manager Amit… — Banking and Recovery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:75831-DB

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Court No. - 2

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Case :- WRIT - C No. - 9568 of 2024

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Petitioner :- State Bank Of India Thru. Its Chief Manager Amit Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Petitioner :- Alok Saxena 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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Heard.

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This petition has been filed by the State Bank of India seeking expeditious disposal of the application under Section 14 of the SARFAESI Act, 2002 which has remained pending since January, 2024. On 13.11.2024, we had passed the following order:-

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"An application of the petitioner/bank under Section 14 of the SARFAESI Act, 2002 is pending before the Additional District Magistrate (Finance & Revenue), Lucknow since 06.01.2024.

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List on 18.11.2024 as fresh.

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The Additional District Magistrate (Finance & Revenue), Lucknow shall furnish his explanation as to why the application has remained pending for so long."

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The Additional District Magistrate (Finance & Revenue) Lucknow has sent instructions to Additional Chief Standing Counsel that within one month the application under Section 14 of the SARFAESI Act, 2002 would be decided .

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We have already explained the law on the subject in our judgment dated 25.10.2024 rendered in Writ -C No.8867 of 2024.

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Sri Mratiunjay Pratap Singh, learned Additional Chief Standing Counsel shall communicate our order to the Additional District Magistrate (Finance & Revenue) Lucknow which shall be taken into consideration while deciding the proceedings under Section 14 of the SARFAESI Act, 2002.

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While doing so, the officer shall also comply with another judgment dated 14.11.2024 passed in Writ-C No. 9723 of 2024 wherein also the scope of Section 14 of the SARFAESI Act, 2002 and also the compliance of orders passed thereunder have been fully explained. The compliance shall be made accordingly at the earliest, say, within six weeks.

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Writ petition is disposed of in the aforesaid terms.

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(Brij Raj Singh, J.) (Rajan Roy,J.)

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Order Date :- 18.11.2024 dk/

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Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

State Bank of India Thru. Its Chief Manager Amit Kumar Singh v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Case brief

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State Bank of India Thru. Its Chief Manager Amit Kumar Singh v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Case brief

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