Allahabad High Court
WRIC/17642/2026 of TRISHA SAXENA Vs UNION OF INDIA AND 2 OTHERS on 5 May 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 17642 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE INDRAJEET SHUKLA, J. Heard Sri Firoz Haider, learned counsel for the petitioner as well as Sri Sarthak Srivastava, learned Advocate holding brief of Sri Krishna Mohan Asthana, learned counsel for
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17642 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE INDRAJEET SHUKLA, J. Heard Sri Firoz Haider, learned counsel for the petitioner as well as Sri Sarthak Srivastava, learned Advocate holding brief of Sri Krishna Mohan Asthana, learned counsel for the respondent bank. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for quashing of the notice dated 30.02.2026 issued to the borrower. It is contended that it is the bank who required to issue notice and not the Advocate Commissioner, but the possession has been taken on the basis of notice issued by Advocate Commissioner. Upon perusal of records, we further find that the petitioner has already approached the Debts Recovery Tribunal by filing Securitization Application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In the circumstances, when the petitioner is already litigating the matter before the Debts Recovery Tribunal, he may raise this issue also of illegal possession by the bank before the Tribunal itself by moving interim application, if so advised. Hence, we decline to grant indulgence in the matter. However, liberty rests with the petitioner to apply before the Tribunal for an Versus Counsel for Petitioner(s) : Firoz Haider Counsel for Respondent(s) : A.S.G.I., Krishna Mohan Asthana, Satendra Kumar Trisha Saxena .....Petitioner(s) Union Of India And 2 Others .....Respondent(s)
action against the bank for taking illegal possession and if such application is moved, the Tribunal will be considering the same and passing appropriate orders thereupon within a period of four weeks of presentation of certified copy of this order. Subject to aforesaid liberty, this petition consigned to records.
May 6, 2026 IrfanUddin WRIC No. 17642 of 2026 2 (Indrajeet Shukla,J.) (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad