GAURAV KRISHNANI AND ANOTHER v. DEBTS RECOVERY TRIBUNAL LKO. THRU. ITS PRESIDING OFFICER AND 2 OTHERS
A227/690/2025 · 2025-02-14
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122912 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122912 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9646 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 690 of 2025 Petitioner :- Gaurav Krishnani And Another Respondent :- Debts Recovery Tribunal Lko. Thru. Its Presiding Officer And 2 Others Counsel for Petitioner :- Mayank Pathak Counsel for Respondent :- Sharad Tewari Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner as well as Sri Vinay Shanker, who has filed Vakalatnama on behalf of the Bank. The Vakalatnama is taken on record. 2. The present petition has been filed with the following prayer:
"i. A-227 be issued directing the opposite party no.1 to decide the Securitisation Application No.658 of 2024 styled as Gaurav Krishnani and another vs Bank of India in the interest of justice and equity. ii. A order or direction in the nature of A-227 the order dated 07.10.2024 passed by the opposite party no.1 in Securitisation Application No.658/2024 styled as Gaurav Krishnani and another vs Bank of India in Ann.No.1 the interest of justice and equity. iii. A order or direction in the nature of the opposite party no.2 to accept the Demand Draft of the petitioners and to settle the matter in the interest of justice and equity."
3. It is argued by the Counsel for the petitioner that the interim application as well as the Securitisation Application is yet to be decided and on the other hand, the respondent-Bank had sold the property, which according to him, is contrary under law. He further states that the petitioner is ready and willing to approach the Bank for settlement. 4. The said request is denied by the Counsel for the Bank on the ground that since the auction has been taken place and the sale certificate has been issued, he request of the petitioner for OTS cannot be considered at this stage. 5. Considering the submissions made by the Counsel for the parties, the present petition is disposed off directing the DRT to consider and decide the interim application filed by the petitioner in accordance with law positively within a period of two weeks from today. The DRT shall also endavour to decide the securitisation application in accordance with law with all
expedition preferably within a period of four months from the date of production of a certified copy of this order.
It is made clear that no unnecessary adjournment shall be granted to any of the parties. 6. In the meanwhile, the petitioner shall also move an application before the DRT expressing his desire for OTS settlement. In case such application is filed, the same shall be considered in accordance with law. Order Date :- 14.2.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench