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Allahabad High Court · body

2025 DAILYLAW 127838 (ALL)

AMIT KUMAR v. DEBTS RECOVERY TRIBUNAL LKO. AND ANOTHER

WRIC/2431/2025 · 2025-03-20

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16136-DB Court No. - 2 Case :- WRIT - C No. - 2431 of 2025 Petitioner :- Amit Kumar Respondent :- Debts Recovery Tribunal Lko. And Another Counsel for Petitioner :- Apoorv Dev,Ashutosh Chaubey,Prashant Kumar Singh Counsel for Respondent :- Kapish Srivastava Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Counter affidavit on behalf of opposite party no. 2 - Bank filed today in Court is taken on record. 2. Heard. 3. Counsel for the Bank disputes the claim of the petitioner. 4. Considering the fact that the dispute arises out of a contractual transaction and a mortgage as also considering the nature of the relief which is for return of the original title-deed for which a mandamus has been sought, we are of the opinion that this is not a matter to be adjudicated under Article 226 of the Constitution of India, especially as, the Bank has filed an application for recall of the order passed by the DRT in SA No. 290 of 2023, as stated by Mr. Neeraj Kumar Mishra, learned counsel for the opposite party no. 2 - Bank. The petitioner may pursue other remedies. 5. The petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 20.3.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench