Neutral Citation No. - 2025:AHC-LKO:30197 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 3029 of 2025 Petitioner :- Raju Zuber Ahmad @ Zuber Ahmed And 2 Others Respondent :- Debts Recovery Tribunal Lko. Thru. Presiding Officer And 2 Others Counsel for Petitioner :- Prashant Kumar,Sarvesh Kumar Tiwari Counsel for Respondent :- Brajendra Amiy Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and Shri Brajendra Amiy, learned counsel for the respondents. 2. The present writ petition has been filed by the petitioners challenging the order dated 9.5.2025 whereby the Debt Recovery Tribunal (hereinafter referred to as "D.R.T.") has passed the order on application filed by the borrower for restraining the respondents from taking possession. Instead of deciding the application on merits, the Debts Recovery Tribunal (hereinafter referred to as the "D.R.T.") records that in Writ -C No.3995 of 2025 vide order dated 28.4.2025, the High Court had directed the District Magistrate to take action in furtherance of order passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "Act"), the D.R.T. records that as the possession has been considered by the High Court, he was not passing any order recording restraintment. The said order is clear non application of mind. 3. This court in its order dated 28.4.2025, had clearly specified that the order of the District Magistrate passed under Section 14 of the Act shall be implemented unless there is legal impediment. There was no bar in consideration of application for stay on merits by the Debt Recovery Tribunal. 4. The impugned order dated 9.5.2025 also indicates a complete non application of mind and the Presiding Officer lacks the understanding of the provisions of the Act for which a recommendation has to be made to the Finance Ministry for sending the officer concerned for training vide order dated 16.5.2025 passed in Matters under Article 227 No.2946 of 2025 ( Vimla Kashyap and 2 others Vs.Union of India and others. 5. A copy of this order shall also be furnished to the Ministry of Finance, Government of India, by the Learned Senior Registrar of this Court, in addition to the order already passed by this Court on 16.5.2025 ( Matters under Article 227 No.2946 of 2025(supra). 6. On merits of the case, as the impugned order suffers from a complete non application of mind, the same is being interfered under Article 227 of the Constitution of India. 7. Accordingly, the petition is allowed. Order dated 9.5.2025 is hereby quashed. The matter is remanded to the Debts Recovery Tribunal/ respondent no.1 to pass fresh order strictly in accordance with law. 8. Till the fresh orders are passed, no coercive action shall be taken against the petitioner under Section 14 of the Act, 2002, for eviction. 9. It is expected that the D.R.T. shall pass fresh orders in terms of the remand, preferably within a period of four weeks from today. Order Date :- 21.5.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench