Allahabad High Court
Bank Of Baroda Main Branch R.O.S.A.R.B. ... vs State Of U.P. And 5 Others on 18 November, 2022
Bench: Sunita Agarwal, Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - C No. - 33153 of 2022 Petitioner :- Bank Of Baroda Main Branch R.O.S.A.R.B. Gorakhpur Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- G.K. Srivastava Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for respondent Nos. 1 to 5.
Supplementary affidavit filed today is taken on record. It is stated therein that respondent no.6 namely, borrower has not filed any case before any Court of law till date. The petitioner herein is the bank which is aggrieved by inaction of the respondent no.2 namely, District Magistrate, Gorakhpur to execute the order dated 5.8.2019 passed under Section 14 of the SARFAESI Act, 2002. Only prayer made in the present petition is to issue a direction to the respondent no.2 to execute the said order.
Looking to the said assertion, we do not find any good ground to keep the writ petition pending. The writ petition is being disposed of with the direction that the petitioner shall approach the District Magistrate, Gorakhpur alongwith the certified copy of this order within two weeks from today. On receipt of this order, the District Magistrate, Gorakhpur shall be under obligation to take steps expeditiously to hand over actual physical possession of the secured asset to the petitioner bank.
However, the petitioner-bank would be required to complete necessary formalities for execution of the order dated 5.8.2019 passed under Section 14 of the SARFAESI Act, 2002.
Order Date :- 18.11.2022 P.P.