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2025 DAILYLAW 137061 (ALL)

M/S SHUBH MANGALAM INDUSTRIES PARTNERSHIP FIRM THRU. PARTNERS MRS.CHANDA SINGH AND 2 OTHERS v. DEBTS RECOVERY TRIBUNAL, LKO THRU. PRESIDING OFFICER AND ANOTHER

A227/2403/2025 · 2025-04-25

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23916 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2403 of 2025 Petitioner :- M/S Shubh Mangalam Industries Partnership Firm Thru. Partners Mrs.Chanda Singh And 2 Others Respondent :- Debts Recovery Tribunal, Lko Thru. Presiding Officer And Another Counsel for Petitioner :- Praveen Dwivedi Counsel for Respondent :- Kapish Srivastava Hon'ble Pankaj Bhatia,J. Heard learned counsel for the petitioner and learned counsel for the respondent-Bank. The present petition has been filed by the petitioner challenging an order dated 23.04.2025 passed by the DRT. The submission of learned counsel for the petitioner is that after an order dated 09.12.2024 was served upon the petitioner, the petitioner moved an appropriate application before the DRT in S.A. No.390 of 2025 seeking the grant of an interim protection with regard to the possession of the property. The DRT did not pass any order only on the ground that the sale as per the respondent-Bank had already taken place. The said exercise of power, prima facie is unjustified. Learned counsel for the respondent-Bank, based upon the instructions, states that the proceedings for taking possession have already been deferred. In view of the said statement, the present petition is disposed of directing the DRT to pass categorical order on the stay application filed by the petitioner within a period of four weeks from today. Till the disposal of the stay application, no steps shall be taken for taking forceful possession. Order Date :- 25.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench