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2025 DAILYLAW 123354 (ALL)

M/S RAM KUMAR SUNIL KUMAR THRU. PROPRIETOR RAM KUMAR AND ANOTHER v. UNION OF INDIA THRU. SECY. MINISTRY OF FINANCIAL SERVICE, NEW DELHI AND 2 OTHERS

A227/740/2025 · 2025-02-19

Pankaj Bhatia

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10705 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 740 of 2025 Petitioner :- M/S Ram Kumar Sunil Kumar Thru. Proprietor Ram Kumar And Another Respondent :- Union Of India Thru. Secy. Ministry Of Financial Service, New Delhi And 2 Others Counsel for Petitioner :- Shivansh Shukla,Abhishek Khare Counsel for Respondent :- A.S.G.I.,Anurag Srivastava Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as Sri Atul Kumar Singh, who has filed Vakalatnama on behalf of respondent no.1 and Sri Alok Saxena, learned Counsel appearing on behalf of the respondent-Bank. The Vakalatnamna is taken on record. 2. The present petition has been filed challenging an order dated 21.01.2025 whereby an application was moved restraining the respondent-Bank for taking steps for auction. 3. The DRT, Lucknow recorded that more than Rs.40/- lac is due and the auction was postponed for the third time. The DRT was of the view that as the petitioner was trying to kill time, the interim relief could not be granted. 4. It is informed by the Counsel for the respondent-Bank that the auction has already been taken and part of the amount has already been deposited by the auction purchaser. 5. In view thereof, the order dated 21.01.2025 passed by the Debts Recovery Tribunal, Lucknow in S.A. No.235 of 2024 cannot be interfered with. The writ petition is dismissed. 6. The petitioner would be at liberty to challenge further steps, which have been before the DRT, by moving an appropriate application. He would also be at liberty to take all legal steps, which would be available to him before the DRT. 7. In case, the application is filed by the petitioner, the same shall be considered in accordance with law with all expedition preferably within a period of one week from the date of production of a certified copy of this order. Order Date :- 19.2.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench