Zaheeda Bibi @ Zayada Bibi (Deceased) v. State of U.P. and 2 Others

Court No. - 3 Case :- WRIT - C No. - 40090 of 2023 Petitioner :- Zaheeda Bibi @ Zayada Bibi (Deceased) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogesh Mishra,Anurag Mishra Counsel for Respondent :- CSC,Anadi Krishna Narayana Hon'ble Siddhartha Varma,J. Hon'ble Shekhar B. Saraf,J.

¶1Learned counsel for the petitioner may correct the description of the petitioner during the course of the day.

¶2It has been informed by the learned counsel for the petitioner that the actual borrower Mohd. Saleem had lost his mental balance and, therefore, the petitioner who was the legal heir of the mother of the petitioner who had created this mortgage be permitted to contest the writ petition. It has been stated by the learned counsel for the petitioner that the mortgagor Smt. Zaheeda Bibi @ Zayada Bibi had died and that she was the mother of both the petitioner and the borrower Mohd. Saleem.

¶3Learned counsel for the Bank Sri Ashok Kumar Lal, however, submits that if the petitioner is, in any manner, aggrieved by the proceedings initiated by the Bank under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act') then he may approach the Debts Recovery Tribunal under Section 17 of the Act.

¶4However, learned counsel for the petitioner states that since there was an impeding danger of dispossession, this Court may give some protection to the petitioner.

¶5Under such circumstances, if the petitioner files an application before the Debts Recovery Tribunal within a period of one week from today alongwith an application for interim protection then the Debts Recovery Tribunal would consider the application for interim protection within the next one week.

¶6For a period of two weeks or till the decision on the application for interim protection, whichever is earlier, no coercive action shall be taken against the petitioner.

¶7It is made clear that the Debts Recovery Tribunal shall decide the matter purely as per the provisions of the Act.

¶8With these observations, the writ petition is disposed of. Order Date :- 22.11.2023 PK (Shekhar B. Saraf,J.) (Siddhartha Varma,J.) High Court of Judicature at Allahabad