VIRENDRA SHUKLA v. DEBTS RECOVERY TRIBUNAL LKO THRU. ITS PRESCRIBED OFFICER AND 2 OTHERS
/359/2025 · 2025-01-24
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119981 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119981 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4781 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 359 of 2025 Petitioner :- Virendra Shukla Respondent :- Debts Recovery Tribunal Lko Thru. Its Prescribed Officer And 2 Others Counsel for Petitioner :- Shiv Kumar,Sonam Kumari Thapa Counsel for Respondent :- C.S.C.,Yogesh Chandra Bhatt Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Chetan Bhargav and Shri P.N. Mishra, learned counsel for the respondent No.3.
2. The present petition has been filed by the petitioner stating that against an order passed under Section 14 of the SARFAESI Act, the petitioner had approached the DRT by filing S.A. No.712 of 2024, in which the respondent-bank was directed to file reply and the matter was fixed on 26.12.2024. On the said date, the matter was further adjourned to 29.04.2025.
3. It is argued that on the one hand, the issue raised by the petitioner against the order under Section 14 is said to be adjudicated, the respondents are taking steps for eviction and the matter is fixed on 25.01.2025 for actual eviction.
4. Learned counsel for the petitioner states that her application filed before the DRT should be decided prior to the execution of the eviction order.
5. Considering the said submissions and as the matter is pending before the DRT, Lucknow, the present petition is
disposed of permitting the petitioner to move an application for early hearing/interim injunction application in the S.A. No.712 of 2024 within four days from today. In case, if such application is filed, the DRT will consider and decide the same within further a period of 10 days.
6. Till the decision of the interim application, the eviction in pursuance to the notice dated 07.01.2025 shall remain in abeyance.
7. In case, the petitioner does not file the application within a period of four days from today, this order has come to an end.
Order Date :- 24.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench