M/S DHRUV BUILDERS THRU.ITS PROP. PRAMOD KUMAR v. DEBT RECOVERY TRIBUNAL LKO AND ANOTHER
A227/1016/2025 · 2025-02-21
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125271 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125271 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11333 Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 1016 of 2025 Petitioner :- M/S Dhruv Builders Thru.Its Prop. Pramod Kumar Respondent :- Debt Recovery Tribunal Lko And Another Counsel for Petitioner :- Nikhil Srivastava,Abhishek Upadhyay,Piyush Raj Verma,Sachin Upadhyay Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner. In view of order being passed, notice to opposite parties stands dispensed with.
2. Petition has been filed seeking a direction to Debt Recovery Tribunal for expeditious disposal of Securitization Application No. 955 of 2022. Further prayer has been made seeking a direction to the bank concerned being the Noida Commercial Co-operative Bank Ltd. to receive the due amount from petitioner for equal lenient installments. Prayer has also been made seeking a prohibition to opposite parties not to proceed under two different statutory schemes such as U.P. Co-operative Societies Act, 1965 and the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002.
3. Learned counsel for petitioner submits that in view of arrears of loan outstanding, order against petitioner had been issued under the U.P. Co-operative Societies Act, 1965 and order dated 13.10.2022 and 11.07.2022 passed under Section 13 (4) of the Securitisation & Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002.
4. It is submitted that the aforesaid order and notice were challenged by petitioner before the Debt Recovery Tribunal
under Section 17 of the Act which is still pending consideration but in the meantime the bank has already been issued auction notice dated 17.01.2025 fixing 24.02.2025 as the date of auction.
5. On the basis of instructions, learned counsel for petitioner submits that petitioner is ready and willing to pay the outstanding amount against him.
6. In view of such submission being made, liberty is granted to petitioner to approach the opposite party no. 2 i.e. Noida Commercial Co-operative Bank Ltd., Ghaziabad through its competent officer for payment of entire dues against him. In case any such application is made, the same may be considered and decided expeditiously prior to finalization of the auction.
7. In view of aforesaid directions, petition stands disposed of. Order Date :- 21.2.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench