SRI RIPUSOODAN SINGH AND ANOTHER v. THE CHAIRPERSON DEBTS RECOVERY APPELLATE TRIBUNAL,ALLAHABAD AND 4 OTHERS
WRIC/2992/2025 · 2025-04-04
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130656 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130656 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18764 Court No. - 6 Case :- WRIT - C No. - 2992 of 2025 Petitioner :- Sri Ripusoodan Singh And Another Respondent :- The Chairperson Debts Recovery Appellate Tribunal,Allahabad And 4 Others Counsel for Petitioner :- Ravindra Pandey Counsel for Respondent :- Prashant Kumar Srivastava Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioners and Shri Prashant Kumar Srivastava, learned counsel for the respondent-Bank.
2. The present petition has been filed challenging an order dated 18.03.2025 passed by the DRAT, Allahabad, whereby directions were issued for deciding the S.A. No.688 of 2019 expeditiously, preferably within a period of two months.
3. The contention of learned counsel for the petitioners is that earlier, an order came to be passed by the Allahabad High Court in Writ-C No.27798 of 2024, wherein directions were issued for deciding the S.A. No.688 of 2019 within a period of two months as prescribed under Section 17(5) of the SARFAESI Act, 2002. On the foundation of the said order, it is argued that the DRAT could not have issued directions for decision within a period of two months, which is primarily contrary to the judgement dated 27.08.2024 passed by the Allahabad High Court.
4. Considering the fact that the order has been passed by the DRAT noticing that despite directions, the S.A. has not yet been decided and has been done in the supervisory jurisdiction vested in the DRAT, I do not see any reason to interfere with the said order in exercise of power under Article 226 of the Constitution of India. No good ground is made out for quashing the order passed by the DRAT.
5. It is expected that the order passed by the DRAT shall be complied with in letter and spirit.
6. The petition stands dismissed. Order Date :- 4.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench