Allahabad High Court
Iifl Home Finance Ltd. ,Thane Thru. ... vs State Of U.P. Thru. Secy. Home Govt. Of ... on 30 January, 2024
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:8421-DB Court No. - 2 Case :- CIVIL MISC REVIEW APPLICATION No. - 7 of 2024 Applicant :- Iifl Home Finance Ltd. ,Thane Thru. Authorised Officer Mohd. Kaab Opposite Party :- State Of U.P. Thru. Secy. Home Govt. Of U.P. And Others Counsel for Applicant :- Ajit Singh,Deepak Singh Hon'ble Vivek Chaudhary,J.
Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the parties.
2. This review application is filed against the order dated 16.1.2024 passed by this Court. A copy of the review application is served upon learned Standing Counsel today only.
3. It appears that an incorrect order is transcribed in this case as the application under Section 14 of the SARFAESI Act is already decided and now the police and administrative authorities are required to ensure compliance of the said order.
4. In view thereof, order dated 16.1.2024 is withdrawn. The review application is allowed and the following order is passed:
"1. Heard learned Counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Petitioner has approached this Court with the following main prayer :-
"(i) A writ, order or direction in the nature of mandamus directing the respondent No.2, 3, 4, 5 & 6 to comply with the Order dated 08.05.2023, subsequently amended w.r.t. to Police Station concerned on 12.09.2023 (Annexure No.1) passed by the Ld. Court of Addl. District Magistrate, (Finance & Revenue), Lucknow in Case No.3669 (Computer No.D20221046000366) of 2022 "IIFL Home finance Limited Vs. Agendr Pundhir and Others" within a stipulated period as directed by the Hon'ble Court."
3. Learned Counsel for the petitioner submits that grievance of petitioner would be sufficiently met in case police and administrative authorities are directed to comply with the order passed under Section 14 of the SARFAESI Act, as early as possible.
4. Learned Standing Counsel assures the Court that the District Magistrate, Lucknow and the S.H.O. concerned would positively give effect to the order passed under Section 14 of the SARFAESI Act, as early as possible.
5. In view thereof, present writ petition is disposed of with a direction to the District Magistrate, Lucknow and the Station House Officer, P.S. Wazirganj, Lucknow (respondent nos. 2 & 6 respectively) to provide assistance to the petitioner in compliance of the order passed under Section 14 of the SARFAESI Act, expeditiously in accordance with law, say within a period of three months from the date of production/receipt of a certified copy of this order.
[Om Prakash Shukla,J.] [Vivek Chaudhary,J.] Order Date :- 30.1.2024 Sachin