Allahabad High Court
WRIC/11941/2025 of M/S SHRI GANPATI INDUSTRIES THRU. PROP. MR. PRAKHAR GUPTA AND ANOTHER Vs UNION OF INDIA THRU. SECY. OF MINISTRY OF FINANCE NEW DELHI AND 2 OTHERS on 19 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11941 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 11941 of 2025
Court No. - 3
HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
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1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners have prayed for the following substantial reliefs: "Restrain the Respondent-Bank to proceed for Sale under the SARFAESI Act against the mortgaged properties of the Applicants and further pleased to set aside the effect and implementation of the impugned Demand Notice dt 05/09/2023, U/s 13(2)(Aannexure-5) and the Possession Notice dt 22/07/2024, U/s 13(4) (Annexure-40 of the SARFAESI Act 2002 issued by the hand of the Deputy Manager of the Respondent-Bank."
3. Upon perusal of the documents it is clear that the matter is subjudice before the Debt Recovery Tribunal and any order passed by the Debt Recovery Tribunal is challengeable by way of filing an appeal before the Debt Recovery Tribunal.
4. In light of the same, we are not inclined to interfere in the said matter. The writ petition is dismissed.
5. The petitioners shall be at liberty to move the appropriate Versus Counsel for Petitioner(s) : Vinay Kant Shukla, Pradumn Shukla Counsel for Respondent(s) : A.S.G.I. M/S Shri Ganpati Industries Thru. Prop. Mr. Prakhar Gupta And Another .....Petitioner(s) Union Of India Thru. Secy. Of Ministry Of Finance New Delhi And 2 Others .....Respondent(s)
court/Tribunal for redressal of their grievances.
December 19, 2025 akhilesh/- WRIC No. 11941 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench