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2025 DAILYLAW 140454 (ALL)

NARENDRA KUMAR SRIVASTAVA AND ANOTHER v. DEBTS RECOVERY TRIBUNAL LKO. THRU. ITS PRESIDING OFFICER AND ANOTHER

A227/2921/2025 · 2025-05-15

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28520 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2921 of 2025 Petitioner :- Narendra Kumar Srivastava And Another Respondent :- Debts Recovery Tribunal Lko. Thru. Its Presiding Officer And Another Counsel for Petitioner :- Sushil Kumar,Fuhar Gupta Counsel for Respondent :- Manish Misra Hon'ble Pankaj Bhatia,J. 1. Present petition has been filed with the following prayers: "i. To issue a direction commanding the Respondent no.1 to decide the Application dated 24.03.2025 for stay of the order dated 24.02.2025 as well as stay the sale scheduled to be held on 27.03.2025 within a time-bound frame in accordance with law, filed in Securitization Application No. 366 of 2023 (Narendra Kumar Srivastava and another vs Union Bank of India) annexed as Annexure no.7 to this petition. ii. To issue a direction commanding the Respondent no.1 to decide the Application dated 01.04.2025 for stay the sale held on 27.03.2025 vide sale notice dated 06.03.2024 within a time- bound frame in accordance with law, filed in Securitization Application No.366 of 2023 (Narendra Kumar Srivastava and another vs Union Bank of India) annexed as Annexure no. 13 to this petition. iii. To issue a direction commanding the Respondent no. 1 to decide the Application dated 28.04.2025 for restraining the respondent bank from taking the physical possession of the property-in-question in pursuance to the auction held on 27.03.2025 as well as notice dated 03.04.2025 issued by Additional Nagar Magistrate (Third) for taking the physical possession of the property-in-question any- time after 16.04.2025 within a time-bound frame in accordance with law, filed in Securitization Application No. 366 of 2023 (Narendra Kumar Srivastava and another vs Union Bank of India) annexed as Annexure no.17 to this petition. iv. To issue a direction commanding the Respondent no.1 to decide the Application dated 28.04.2025 for restraining the respondent bank from taking any coercive actions in pursuance to the auction held on 27.03.2025 including the execution of sale deed in favour of auction purchaser within a time-bound frame in accordance with law, filed in Securitization Application No. 366 of 2023 (Narendra Kumar Srivastava and another vs Union Bank of India) annexed as Annexure no.18 to this petition." 2. Contention of learned counsel for the petitioners is that on the one hand the applications filed by the petitioners in S.A. No.366 of 2023 are pending, on the other hand, the respondents are threatening to take possession of the property. 3. Considering the limited submission, present petition is disposed off directing the DRT to pass orders on the applications filed by the petitioners in accordance with law after hearing respondent no.2 also within a period of two weeks from today. 4. Till the decision on the applications, no coercive action shall be taken against the petitioners for dispossessing. 5. The petitioners shall move an application for urgent hearing of the applications alongwith the copy of this order and the DRT shall proceed to comply the order within the time granted. 6. This order has been passed in the presence of Shri Ashish Sinha, learned counsel appearing for the Bank. Order Date :- 15.5.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench