KANTA DHINGRA v. DEBTS RECOVERY TRIBUNAL LKO. UNIVERSITY ROAD LKO. AND 6 OTHERS
A227/3056/2025 · 2025-09-08
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141192 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141192 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 3056 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J.
1. Heard Shri Aviral Raj Singh, learned counsel for the petitioner and Shri Vinay Shankar, learned counsel for the respondent-Bank. 2. The instant petition has been filed by the petitioner seeking following reliefs :-
"I. Direct the Respondent No.1 to decide the Securitization Application filed by the petitioner in a time-bound manner, Annexure No.6. II. Direct the respondent Nos.3 & 4 to ensure restoration of the possession of the petitioner over the property in question, i.e., Flat No.12009, 12th Floor, Crossing Republic, Plot No.GH-7, Village- Dundahera, Ghaziabad. III. Issue any other order or direction in favour of the petitioner, which this Hon'bls Court may deem just and proper in the circumstances of the case at hand."
3. This matter was considered by the Court on 03.09.2025 and was fixed today for further hearing. 4. Learned counsel for the petitioner, after arguing at some length, submits that in the given circumstances, he confines his prayer to Relief No.I only, to the extent that his Securitization Application, filed and pending before the Debts Recovery Tribunal (hereinafter referred to as 'DRT'), Lucknow may be expedited, as the next date fixed is 02.02.2026. 5. In view of the aforesaid prayer, Shri Vinay Shankar, learned counsel for the respondent-Bank submits that he has no objections. Versus Counsel for Petitioner(s) : Aviral Raj Singh, Ashutosh Verma, Mohd. Yasir, Palash Banerjee, Vaibhav Tiwari Counsel for Respondent(s) : C.S.C., Vinay Shankar Kanta Dhingra .....Petitioner(s) Debts Recovery Tribunal Lko. University Road Lko. And 6 Others .....Respondent(s)
6. Since the prayer is confined only to expeditious disposal and noting that Securitization Application is fixed for 02.02.2026, this Court, without entering into the merits of the case and leaving all contentious issues open for the petitioner to raise before the DRT, disposes of the petition with liberty to the petitioner to move an appropriate application seeking preponement of the date in his Securitization Application No.340 of 2021. 7.
In case such an application is moved, the DRT shall take note of it and considering the facts and circumstances, shall fix an appropriate date and decide the said Securitization Application No.340 of 2021 after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments, preferably within a period of two months from the date of a copy of this order is placed before the DRT. 8. With the aforesaid observations, the petition is disposed of. September 8, 2025 Shubhankar A227 No. 3056 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench