Asset Reconstruction Company ... vs State Of U P And 6 Others
2022 Latest Caselaw 4586 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 8514 of 2022
 

 
Petitioner :- Asset Reconstruction Company India Ltd.
 
Respondent :- State Of U P And 6 Others
 
Counsel for Petitioner :- Krishna Mohan Asthana
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Deepak Verma,J.

Heard Sri K.M. Asthana, learned counsel for the petitioner and Smt. Subhash Rathi, learned Additional Chief Standing Counsel for the State-respondents.

This writ petition has been filed praying for the following relief:

"i. Issue an appropriate writ order or direction of suitable nature, commanding the respondent Authority, the Additional District Magistrate (Fin & Rev), Ghaziabad and the City Magistrate, Ghaziabad to complete the process of physical possession of the immovable secured asset to the petitioner situated at Property No. 453 (New No. 812) (Shop on ground floor with roof rights), Gali No. 5, Mohalla Purva Ismail Khan, Turab Nagar Market, Tehsil and District - Ghaziabad, Uttar Pradesh measuring 23.22 sq. mts. as per provisions under section 14(2) of the SARFAESI Act 2002 in compliance to the order passed under Section 14 (1) of the Act, 2002 by the Competent Authority under the Act 2002.

ii. Issue an appropriate writ order or direction of suitable nature, commanding the respondent Nos. 2, 3 & 4 to ensure actual physical possession of the immovable mortgaged property/ secured asset to the petitioner under the provisions of Section 14(2) of the SARFAESI Act, 2002 without requiring to deposit amount for providing police force within a period to be specified by this Hon'ble Court.

iii. Issue a writ order or direction of suitable nature commanding the respondent authorities to extend all administrative/police assistance in completing the process of physical possession of the immovable property/secured assets to the petitioner under Section 14 of the SARFAESI Act, 2002."

Both the learned counsels for the parties jointly state that the controversy involved in the present writ petition is squarely covered by the judgment dated 25.05.2022 passed in WRIT - C No. - 6529 of 2022 (Asset Reconstruction Company India Ltd. vs. State Of U.P. And 4 Others) and, therefore, this writ petition may also be disposed off in terms of the said judgment.

In view of the statement made by learned counsels for the parties, this writ petition is disposed off in terms of the judgment in the case of Asset Reconstruction Company India Ltd. (supra).

Respondent Nos.1 and 2 shall ensure to give possession of the secured assets, if there is no legal impediment.

Order Date :- 30.5.2022

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