Allahabad High Court
WRIC/17701/2026 of AMRENDRA KUMAR JAISWAL Vs UNION BANK OF INDIA on 5 May 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 17701 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE INDRAJEET SHUKLA, J. Heard Sri Shalendra Kumar, learned counsel for the petitioner as well as Sri Om Prakash Gupta, learned counsel for the respondent bank. By means of this petition filed under
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17701 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE INDRAJEET SHUKLA, J. Heard Sri Shalendra Kumar, learned counsel for the petitioner as well as Sri Om Prakash Gupta, learned counsel for the respondent bank. By means of this petition filed under Article 226 of the Constitution, petitioner wants issuance of writ of mandamus to command the respondent bank to return the physical possession of the secured assets. It is contended on behalf of the petitioner that petitioner has paid back the entire dues of the bank and therefore, the bank is not entitled to recovery the possession, however, wholly illegally bank has taken the possession of the secured assets. Per contra learned counsel for the respondent bank that petitioner has already filed petition under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002and therefore, present petition is not maintainable. Upon a pointed query being made, learned counsel for the petitioner submits that there is no Presiding Officer at Debts Recovery Tribunal, Allahabad and therefore, the petition is not being heard and decided. However, he is not opposed to hearing being granted to him through video conferencing. We have been informed at the bar that the Debts Recovery Tribunal, Jaipur is having the jurisdiction of Debts Recovery Tribunal, Allahabad and Debts Recovery Tribunal, Lucknow. Versus Counsel for Petitioner(s) : Shalendra Kumar Counsel for Respondent(s) : Ashish Agrawal Amrendra Kumar Jaiswal .....Petitioner(s) Union Bank Of India .....Respondent(s)
In the circumstances, we hereby provide that in the event petitioner moves an application for disposal of the petition filed under Section 17 of the SARFAESI Act, 2002 through video conferencing, his application shall be granted and matter shall be heard and disposed of in accordance with law within a period of two months of presentation of certified copy of this order. With the aforesaid observations and directions, this petition stands disposed of.
May 6, 2026 IrfanUddin WRIC No. 17701 of 2026 2 (Indrajeet Shukla,J.) (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad