Allahabad High Court
IMRAN KHANversusSTATE OF UP AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as it was not pressed with liberty to the petitioner.
Summary
The petitioner filed a writ petition seeking a decision on a representation dated 26 July 2026 submitted to the Branch Manager of a bank. The bank served a notice to the petitioner under subsection (2) of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on 15 October 2025. The petitioner’s counsel requested that the petition be dismissed on the ground that it was not pressed with liberty, allowing the petitioner to file a reply to the notice. The Court examined the procedural requirement and held that the petition was indeed not pressed with liberty. Consequently, the writ petition was dismissed.
Issues considered
- What is the appropriate procedural requirement for a writ petition when the petitioner has not yet responded to a notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002?
Legislation cited
Subjects
- writ petition
- Section 13
- Securitisation Act
- procedural dismissal
- bank notice
- representation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35524 of 2026
Imran Khan
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Namita Katara Gautam, Saurabh Singh
Counsel for Respondent(s) : C.S.C., Satish Chaturvedi
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE INDRAJEET SHUKLA, J.
1. The petitioner has preferred the present writ petition inter-alia with the
prayer to decide the representation dated 26.07.2026 submitted by the
petitioner before the Respondent No.3 namely Branch Manager of Branch
PBB Mathura, Dampier Nagar, Mathura, within stipulated period.
2. Learned counsel appearing on behalf of Respondent-Bank placed
before this Court a notice issued to the petitioner under sub section (2) of
Section 13 of the Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002 (hereinafter called 'Act')
dated 15.10.2025, copy of the same has already been provided to the
counsel for the petitioner.
3. After going through the same, a prayer has been made by the counsel
for the petitioner to dismiss the present writ petition as not pressed with
liberty to the petitioner to submit a reply to the aforesaid notice before the
Respondent -Bank.
4. In this view of the matter, the present writ petition is dismissed as not
pressed with liberty as prayed.
(Indrajeet Shukla,J.) (Prakash Padia,J.)
September 9, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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