M/S GUPTA ENTERPRISES THRU. PROPRIETOR KAMAL SHEKHAR GUPTA AND ANOTHER v. DEBT RECOVERY TRIBUNAL LKO. THRU. PRESIDING OFFICER AND ANOTHER
A227/2687/2025 · 2025-05-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138929 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138929 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26614 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2687 of 2025 Petitioner :- M/S Gupta Enterprises Thru. Proprietor Kamal Shekhar Gupta And Another Respondent :- Debt Recovery Tribunal Lko. Thru. Presiding Officer And Another Counsel for Petitioner :- Prashant Kumar,Hari Anuj Bahadur Sinha,Sarvesh Kumar Tiwari Counsel for Respondent :- Brajendra Amiy Hon'ble Pankaj Bhatia,J.
1. Shri Anoop Kumar Misra, Advocate has filed Vakalatnama on behalf of respondent No.2, which is taken on record.
2. Heard learned counsel for the petitioner and Shri Anoop Kumar Misra, learned counsel for the respondent No.2.
3. The present petition has been filed by the petitioner alleging that against the action of the Bank taken under the SARFAESI Act, the petitioner had filed an S.A. No.440 of 2023, which is pending.
4. It is argued that during the pendency of the said application, as steps were taken for auction of the property, an application No.868 of 2025 was filed for stay of the auction. Simultaneously, an application No.867 of 2025 was filed for stay of the action of the dispossession in terms of the order of the District Magistrate passed on 15.03.2024. It is argued that vide order dated 26.03.2025, the DRT wrongly mentioning the number of the application, which was for staying the auction as 867 instead of 868, passed an order holding that any auction shall be subject to outcome of the proceedings pending before the DRT. However, no orders were passed on the application seeking stay of the dispossession in terms of the order dated
15.03.2024.
5. Considering the fact that prima facie, a number of I.A. has wrongly been mentioned as 867 of 2025 instead of 868 of 2025, the petitioner is permitted to move an application for rectification of the application number in the order dated
26.03.2025. The petitioner would be also entitled to move an application for hearing of the application for staying the dispossession in pursuance of the order dated 15.03.2024. In case, the said application is pending before the DRT, The DRT shall dispose of the same within a period of three weeks from today.
6. Till the disposal of the said application, no action for taking coercive possession will be implemented in pursuance of the
order dated 15.03.2024.
7. The petition stands disposed of.
Order Date :- 7.5.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench