MOHD. RAUF AND 3 OTHERS v. DEBTS RECOVERY TRIBUNAL THRU. ITS REGISTRAR AND 2 OTHERS
A227/1901/2025 · 2025-04-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132406 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132406 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19463 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1901 of 2025 Petitioner :- Mohd. Rauf And 3 Others Respondent :- Debts Recovery Tribunal Thru. Its Registrar And 2 Others Counsel for Petitioner :- Shamshad Ahmad Khan Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioners.
2. The present petition has been filed with the following reliefs:
"(i) Issue an order or direction thereby directing the respondent no.1 to expedite the proceedings and dispose of the Application U/S 17(1) of the SARFAESI Act, 2002 which has been registered as S.A. No.17 of 2022,
"Mr. Mohd Rauf & Others VS Authorized Officer Hero Fin Corp Ltd" within such time period as may be deemed fit, just and proper by this Hon'ble Court. (ii) Issue an order or direction thereby restraining the respondent no.2 & 3 to maintain status quo on the mortgaged property and from auctioning off the mortgaged property or taking any coercive action against the petitioners for recovery of the alleged loan dues till the final disposal of the Application U/S 17(1) of the SARFAESI Act, 2002 which has been registered as S.A. No.17 of 2022, "Mr. Mohd Rauf & Others VS Authorized Officer Hero Fin Corp Ltd" pending before the respondent no.1."
3. Considering the fact that the application is pending, the present petition is disposed of with direction to decide the matter expeditiously in accordance with law.
4. It is further provided that in case, any fresh steps are taken with regard to the property, the petitioner would be at liberty to move an appropriate application for grant of interim relief, which shall be considered within a period of two weeks of it being filed. Order Date :- 7.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench