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2025 DAILYLAW 137540 (ALL)

AMIT GUPTA AND 2 OTHERS v. UNION OF INDIA MINISTRY FINANCE DEPTT. FINANCIAL SERVICES JEEVAN DEEP THRU. SECY. AND 2 OTHERS

A227/2475/2025 · 2025-04-28

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24147 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2475 of 2025 Petitioner :- Amit Gupta And 2 Others Respondent :- Union Of India Ministry Finance Deptt. Financial Services Jeevan Deep Thru. Secy. And 2 Others Counsel for Petitioner :- Jyoti Rajpoot,Gaurav Gupta Counsel for Respondent :- A.S.G.I.,Amit Jaiswal Ojus Law Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and Shri Amit Jaiswal, learned counsel for respondent no.3. 2. Present petition has been filed by the petitioner challenging action of the respondent/Bank in taking possession. 3. It is argued that a notice was served upon the petitioner proposing to take possession of the property in question and on the very next date on 24.04.2025, an application was moved before the DRT for passing orders as an interim measure as there were threats for taking possession. 4. It is stated that on 24.04.2025, an order came to be passed directing the Bank to file objection on the delay condonation application. It was further observed that the respondent/Bank was directed to take physical possession of the secured assets after taking fresh notice of 7 days. It was further observed that due to constraints and limitations of huge pendency, the matter was posted on 07.11.2025. 5. It is clear that no order has been passed on the interim application preferred by the petitioner. 6. Prima-facie, the DRT had no occasion to pass directions for taking possession after giving 7 days' notice. As the manner in which the power has been exercised is prima-facie improper, this Court is interfering. 7. In view thereof, present petition is disposed off with direction to the DRT concerned to pass specific order on the stay application filed by the petitioner in accordance with law preferably within a period of four weeks from today. 8. Till the disposal of the interim application, respondents are restrained from taking physical possession of the property in question. 9. It is made clear that the petitioner shall not be entitled to take any unnecessary adjournment. Order Date :- 28.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench