M/S SHIPRA HOTELS LTD. INDRAPURAM GHAZIABAD THRU. DIRECTOR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND 3 OTHERS
WRIC/3047/2025 · 2025-03-27
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131037 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131037 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17655-DB Court No. - 2 Case :- WRIT - C No. - 3047 of 2025 Petitioner :- M/S Shipra Hotels Ltd. Indrapuram Ghaziabad Thru. Director Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And 3 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C.,Virendra Mishra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Shri S.C. Mishra, learned Senior Counsel assisted by Shri Eishan Mehta, learned Standing Counsel for State- respondent no.1, Shri Rishabh Raj, learned counsel appearing for Himri Estate Private Limited- respondent no.3 and Shri Upendra Nath Mishra, learned Senior Counsel assisted by Shri Sunit Sharma, learned counsel appearing for Indiabulls Housing Finance Limited.
3. Copy of the petition has been provided to Shri Sunit Sharma,
learned counsel appearing for Indiabulls Housing Finance Limited and Shri Rishabh Raj, learned counsel appearing for Himri Estate Private Limited.
4. Shri Upendra Nath Mishra, learned Senior Counsel assisted by Shri Sunit Sharma, learned counsel for Indiabulls Housing Finance Limited submits that his client is respondent in the Securitization Application No.337 of 2023, but has not been arrayed herein. His clients are the secured creditors. The secured asset has been auctioned in favour of opposite party no.3.
5. Let Indiabulls Housing Finance Limited, Lucknow be
impleaded as opposite party no.5 formally, during the course of the day.
6. The petitioner, who is the borrower, has filed this writ petition seeking expeditious disposal of the interim prayer made in Securitization Application No.337 of 2023, which is pending before the Debts Recovery Tribunal, Lucknow.
7. We asked Shri U.N. Mishra as to what objection could his clients possibly have to the relief prayed for in this writ petition, he fairly submitted that he would have no objection if the
consideration of interim relief in the Securitization Application is expedited. So did Shri Rishabh Raj, learned counsel appearing for respondent no.3.
8. Considering the relief prayed for and in view of what has been noticed herein above, we direct the Debt Recovery Tribunal, Lucknow to consider and dispose of the interim relief application/ interim prayer in Securitization Application No.337 of 2023, which is already fixed for 01.04.2025. If for some reasons it is not possible to do so on the said date, it shall be done positively within the next three days.
9. With the aforesaid, the writ petition is disposed of.
10. Let a copy of this order be provided to the learned counsel for the parties today itself on payment of usual charges. (Om Prakash Shukla, J.) (Rajan Roy, J.)
Order Date :- 27.3.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench