ONKAR SINGH AND ANOTHER v. DEBT RECOVERY TRIBUNAL LKO. THRU. REGISTRAR LKO. AND ANOTHER
A227/2574/2025 · 2025-05-01
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138453 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138453 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25202 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2574 of 2025 Petitioner :- Onkar Singh And Another Respondent :- Debt Recovery Tribunal Lko. Thru. Registrar Lko. And Another Counsel for Petitioner :- Saumya,Abhinav Kumar Mathur Counsel for Respondent :- Shivansh Shukla 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 challenging an order dated 02.04.2025 whereby an order was passed on the interim relief application.
3. The contention of the counsel for the petitioners is that the assignee of the loan, had initiated the proceedings after about 14-15 years, which itself indicates that the proceedings were highly belated by time. This aspect has not been considered while passing the order impugned.
4. As prima facie, the loan was declared in the year 2010 and the assignment of the said took place sometime in the year 2022. The prima facie case was made out, which ought to have been considered by the DRT.
5. In view of the said, as the DRT has not taken into account these relevant facts while passing the
order 02.04.2025, the petition is disposed of directing the DRT to pass a reasoned order on I.R. application on the next date fixed or on the application filed by the respondent prior thereto. Till the passing of the fresh order on the I.R. application, no steps shall be taken for dispossessing the petitioners from the premises in question.
6. It is further clarified that the respondent would
be at liberty to move an application for early hearing, which shall be taken into account by the DRT and if considered alright, the DRT can fix a date prior to the date fixed.
7. The present petition is disposed of in terms of the above.
Order Date :- 1.5.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench