M/S KANAK OVERSEAS THRU. SOLE PROPRIETOR MR. AKHILESH KALA AND 2 OTHERS v. DEBTS RECOVERY TRIBUNAL,LKO.THRU. ITS REGISTRAR AND 5 OTHERS
/30/2025 · 2025-01-09
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114757 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114757 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1665 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 30 of 2025 Petitioner :- M/S Kanak Overseas Thru. Sole Proprietor Mr. Akhilesh Kala And 2 Others Respondent :- Debts Recovery Tribunal,Lko.Thru. Its Registrar And 5 Others Counsel for Petitioner :- Amrendra Nath Tripathi Counsel for Respondent :- C.S.C.,Ganga Sagar Misra,Kapish Srivastava Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioners and Shri Ganga Sagar Misra, learned counsel for the respondent no.2.
2. Present petition has been filed by the petitioners stating that despite the pendency of the stay application in Securitisation Appeal No.929 of 2023, steps were being taken for taking possession.
3. On the allegations levelled by the petitioners, this Court had passed a detailed order on 07.01.2025 and thereafter on
08.01.2025.
4. It is stated at the Bar that the possession after the lock being put by the Advocate Commissioner is still as it is and the keys are lying with the Advocate Commissioner which are being handed over to learned counsel for respondent Bank in the Court today.
5. In view of the fact that the securitisation appeal and the interim relief application filed by the petitioner is pending before the DRT, the present petition is disposed off with consent that the DRT shall decide the interim relief application filed by the petitioner positively within a period of two weeks from today without granting any adjournment to any of the parties.
6. The DRT shall also endeavour to decide Securitisation Appeal No.929 of 2023 itself within a period of two months from today.
7. The parties shall abide by the decision of the DRT.
8. In the meanwhile, the parties shall maintain status quo with regard to possession till decision on the interim relief application.
9. It is further provided that the Scooty which is said to be lying in the premises and the other day to day belongings shall be
handed over to the petitioner by the respondent Bank, in case an application is moved by the petitioner before the respondent Bank. Order Date :- 9.1.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench