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2025 DAILYLAW 133774 (ALL)

SMT. USHA LATA AND ANOTHER v. DEBTS RECOVERY TRIBUNAL, LKO THRU. REGISTRAR, AND 5 OTHERS

A227/2119/2025 · 2025-04-18

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22061 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2119 of 2025 Petitioner :- Smt. Usha Lata And Another Respondent :- Debts Recovery Tribunal, Lko Thru. Registrar, And 5 Others Counsel for Petitioner :- Bhupendra Nath Tripathi Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed by the petitioners with the following prayer: "(i) Issue an order or direction thereby commanding and directing the Debt Recovery Tribunal, Lucknow to expedite the proceeding and decide the Securitization Application No.509 of 2024, Smt. Usha Lata and another Versus Bank of Baroda and another filed by the petitioner on 24.07.2024 within such time bound period as may be deemed fit and fixed by this Hon'ble Court. (ii) Issue an order or direction thereby staying the operation and implementation of the impugned ex-parte order dated 18.01.2021 passed by the respondent no.4 and restraining the respondents from interfering in the peaceful, possession, use and enjoyment of the petitioner over the property in question till the final disposal of the Securitization Application No.509 of 2024 pending before the Debt Recovery Tribunal, Lucknow." 3. It is argued by the counsel for the petitioner that the petitioner has already moved an interim application, which is said to be pending before the DRT. 4. Considering the submissions made at the Bar, the present petition is disposed of directing the DRT to dispose of the pending interim application expeditiously preferably within a period of three weeks. The DRT shall also endeavour to decide the S.A. No. 509 of 2024 also expeditiously. 5. The petitioner is also permitted to move an appropriate application bringing on record the order dated 02.04.2025 passed against the petitioner under Section 14 of the SARFAESI Act, the DRT shall pass orders thereupon as directed above within a period three weeks. For a period of three weeks, no coercive steps shall be taken against the petitioner. In case, the application as directed is not filed, this order shall automatically come to an end. Order Date :- 18.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench