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2025 DAILYLAW 123773 (ALL)

M/S P.P. FASHION THRU. PROPRIETOR PAPPU AND ANOTHER v. DEBTS RECOVERY TRIBUNAL LKO. THRU. PRESIDING OFFICER AND 2 OTHERS

A227/768/2025 · 2025-02-18

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10462 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 768 of 2025 Petitioner :- M/S P.P. Fashion Thru. Proprietor Pappu And Another Respondent :- Debts Recovery Tribunal Lko. Thru. Presiding Officer And 2 Others Counsel for Petitioner :- Prashant Kumar,Sarvesh Kumar Tiwari,Sudeep Kumar Counsel for Respondent :- Vinay Shankar Hon'ble Pankaj Bhatia,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioner and Shri Vinay Shankar, learned counsel for the respondent No.2. 3. The present petition has been filed challenging an order dated 30.01.2025. 4. It is argued by learned counsel for the petitioners that despite an order passed by this Court on 21.01.2025, the auction purchaser has demolished the property despite the fact that no sale certificate has been registered in his favour so far. 5. He argues that the respondent be restrained from changing the nature of the property further or for creating third party rights during the pendency of the securitization application. 6. In view of the subsequent developments that have taken place as argued by learned counsel for the petitioner, the present petition is disposed of. 7. The petitioner would be liberty to file an appropriate application before the DRT seeking an interim relief as is being urged before this Court and in case, if such an application is filed, the same shall be considered by the DRT by passing appropriate orders specifically on the allegation that further third party rights may not be created. The DRT would also be empowered to pass an interim order even in the absence of the auction purchaser. The said order shall be passed preferably within a period of one week from the date of filing of the appropriate application. Order Date :- 18.2.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench