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2025 DAILYLAW 139682 (ALL)

M/S ELMECH POWER AND AIR CONDITIONING ENGINEERS PVT. LTD. THRU. DIRECTOR PRIYANK SRIVASTAVA v. PUNJAB NATIONAL BANK THRU. AUTHORISED OFFICER LKO. AND 2 OTHERS

A227/2791/2025 · 2025-05-15

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28626 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2791 of 2025 Petitioner :- M/S Elmech Power And Air Conditioning Engineers Pvt. Ltd. Thru. Director Priyank Srivastava Respondent :- Punjab National Bank Thru. Authorised Officer Lko. And 2 Others Counsel for Petitioner :- In Person Counsel for Respondent :- Brajendra Amiy Hon'ble Pankaj Bhatia,J. 1. Heard the applicant appeared in person and Sri P. P. Singh who appears for the respondent Bank. 2. The present petition has been filed with the following prayers: (I) Issue an order under supervisor jurisdiction to set aside fraudulently obtained final order dated 4/02/23 in SA-751/2022 from DRT Lucknow (Respondent 2). (II). Issue an order under supervisor jurisdiction in an appropriate nature commanding DRT Lucknow (Respondent 2) to "determine the liability against the petitioner & pass an order on the merits of SA-751/2022 in a time bound manner". (III). Issue an order to summon all records regarding number of accounts opened & closed, before & after NPA declaration from PNB (Respondent 1). (IV). Issue an order to summon investigation report made by Special Task force, Lucknow, Uttar Pradesh in this matter. (V). Issue such other order or direction which this Hon'ble Court may deem just fit under the circumstances of the case ensuring that the rights of the petitioner are protected from "Obstruction to justice." 3. The contention of the counsel for the petitioner is that aggrieved against the action initiated by the respondent bank, the petitioner had approached the DRT by filing SA No.751 of 2022 which came to be dismissed on 04.02.2023. It is also brought on record that subsequently for the same reliefs, another SA No.269 of 2023 was also filed which too has been dismissed by the DRT on 15.11.2023. Subsequently, the petitioner approached the DRAT by filing an appeal, although the appeal is said to be delayed and is pending, as informed by the counsel for the respondent for want for pre-deposit and for want of delay condonation application, no orders have been passed by the DRAT on the prayers made by the petitioner before the DRAT. 4. Now the present petition has been filed challenging the order dated 04.02.2023 mainly, which is also subject matter of challenge before the DRAT in the appeal preferred by the petitioner. 5. Considering the fact that the same order is engaging the attention of DRAT, the petition under Article 227 of the Constitution of India cannot be entertained. 6. The submission of the petitioner that the order was obtained by playing fraud, cannot also be entertained for the sole reason that the petitioner had already approached the DRAT by preferring an appeal, which is prescribed in terms of the statute. 7. In view thereof, the writ petition is dismissed. Order Date :- 15.5.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench