M/s. Seth General Store PROP. MR. ALOKIT SETH v. Debt Recovery Tribunal, Lucknow, Through its Presiding Officer AND ANR.
WRIC/2927/2025 · 2025-03-24
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128893 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128893 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16806-DB Court No. - 2 Case :- WRIT - C No. - 2927 of 2025 Petitioner :- M/S. Seth General Store Prop. Mr. Alokit Seth Respondent :- Debt Recovery Tribunal, Lucknow, Through Its Presiding Officer And Anr. Counsel for Petitioner :- Sajjad Husain,Anand Kumar Counsel for Respondent :- Prashant Kumar Srivastava Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Sri Sajjad Husain, learned counsel for the petitioner does not press the relief No.1. As regards relief No.2, the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be challenged by the petitioner directly under Article 226 of the Constitution of India in view of the settled legal position and the remedy, if any, is before the Debts Recovery Tribunal, and as the said remedy has already been availed, therefore, this relief cannot be considered. The relief No.3 is with regard to the consequential order passed by the Chief Judicial Magistrate i.e. consequence to the order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, this is also under challenged before the Debts Recovery Tribunal, therefore, this is also not maintainable in these proceedings. The relief No.4 is challenging an order of the Debts Recovery Tribunal, which is appealable, therefore, the Writ Petition is not maintainable in this regard. The relief No.5 is consequential to the other reliefs, therefore the Writ Petition in toto is not maintainable. The Writ Petition is disposed of with liberty to the petitioner to pursue other remedy as prescribed in law. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 24.3.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench