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2025 DAILYLAW 140488 (ALL)

M/S YASHANSH ENTERPRISES THRU. PROPRIETOR SRI VIKAS BAJPAI AND 2 OTHERS v. STATE OF U.P. THRU. SECY. (FINANCE ) LKO. AND 2 OTHERS

A227/2953/2025 · 2025-05-16

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29024 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2953 of 2025 Petitioner :- M/S Yashansh Enterprises Thru. Proprietor Sri Vikas Bajpai And 2 Others Respondent :- State Of U.P. Thru. Secy. (Finance ) Lko. And 2 Others Counsel for Petitioner :- Pal Singh Yadav,Ashish Kumar Singh,Prathama Singh Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners and Shri Prashant Kumar Srivastava, learned counsel for respondent nos.2 & 3. 2. Present petition has been filed by the petitioners aggrieved against the inaction of the DRT. 3. Submission of learned counsel for the petitioners is that S.A. No.736 of 2024 was filed by the petitioner aggrieved against the action taken by the respondent/Bank under the provisions of the SARFAESI Act. Subsequently, an order came to be passed against the petitioner under Section 14 on 14.02.2025, as such, the petitioner moved an application for early hearing before the Tribunal through an application dated 29.04.2025. 4. It is argued by learned counsel for the petitioners that on the said urgent hearing application, the matter was directed to be listed on 26.05.2025, however, respondents are threatening to dispossess the petitioners in pursuance to the order dated 14.02.2025. 5. Considering the fact that the application has already been filed by the petitioners for urgent hearing and there is an imminent threat of eviction order being carried out during the pendency of the interim application, present petition is disposed off with direction to the DRT to pass a reasoned order on the interim application filed and pending in S.A. No.736 of 2024 within a period of three weeks from today. 6. Till the orders are passed on the interim application, no coercive action shall be taken against the petitioners for dispossession in pursuance to the order dated 14.02.2025. Order Date :- 16.5.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench