VAIBHAV GOEL v. LEARNED DEBTS RECOVERY TRIBUNAL LKO. AND ANOTHER
A227/1104/2025 · 2025-02-27
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126442 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126442 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11965 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1104 of 2025 Petitioner :- Vaibhav Goel Respondent :- Learned Debts Recovery Tribunal Lko. And Another Counsel for Petitioner :- Abhishek Khare Counsel for Respondent :- Brajendra Amiy Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Dharmendra Pratap Singh, learned counsel for the respondent- Bank. 2. The present petition has been filed with the following reliefs:
"a. Issue an order or direction directing the respondent No.1 to decide the interim relief application dated 11.02.2025 filed in S.A. No.773 of 2019, as contained in Annexure No.2 expeditiously within a fixed reasonable period of time; b. Issue an order or direction directing the respondent no.2 to not to confirm sale or issue sale certificate in pursuance of the auction notice dated 28.01.2025 which was held on 26.02.2025."
3. The contention of learned counsel for the petitioner is that an interim order was passed in favour of the petitioner by the DRT vide order dated 28.06.2024. The said interim order was valid up to 22.07.2024. It is argued that the order, which was continuing till 22.07.2024 was subsequently extended up to 30.09.2024 and subsequently, although the matter was reserved, the judgement was not pronounced and the matter was directed to be listed on 11.11.2024 for re-hearing. Subsequently, on 24.02.2025, it was argued that despite an interim order dated 28.06.2024, the Bank had further proceeded with the sale and despite noticing the said argument, the matter was directed to be listed on 25.02.2025. 4. It is argued by learned counsel for the petitioner that on 26.02.2025, a public holiday, the sale was conducted by the respondent-Bank, which according to him is bad in law. In the context of the said facts, the petition has been filed with prayers as extracted herein-above. 5. Learned counsel for the petitioner argues that the respondent- Bank will be directed to not confirm the sale or issue a sale certificate in pursuance of the auction held on 26.02.2025. 6. Considering the fact that the issue with regard to the action of
the Bank is pending before the DRT, I do not see any reason why the petitioner cannot move an appropriate application for grant of prayer (b) as is being argued before this Court. 7.
In view thereof, the present petition is disposed of permitting the petitioner to file an appropriate application for grant of interim relief as prayed before this Court. In case, if such an application is filed, the same shall be disposed of, as an interim measure within a period of one week of the application being filed. The DRT shall also endeavour to decide the entire securitization application with all expedition preferably within a period of three months from the date of production of a certified copy of this order. 8. Any observations made in this order, will not affect the DRT in passing the order on merits, if an application is moved as observed above. Order Date :- 27.2.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench