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2025 DAILYLAW 145232 (ALL)

SARVJEET SINGH v. DEBT RECOVERY APPELLATE TRIBUNAL ALLAHABAD AND 4 OTHERS

WRIC/5764/2025 · 2025-06-05

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Neutral Citation No. - 2025:AHC-LKO:34698-DB Court No. - 2 Case :- WRIT - C No. - 5764 of 2025 Petitioner :- Sarvjeet Singh Respondent :- Debt Recovery Appellate Tribunal Allahabad And 4 Others Counsel for Petitioner :- Indu Prakash Singh Counsel for Respondent :- C.S.C.,Vinay Shankar Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. 1. Heard. 2. After hearing the parties, what comes out is that proceedings initiated by the petitioner under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were allowed vide order dated 02.09.2024 in Securitization Application No.911 of 2022; Sarvajeet Singh and another vs. Canara Bank and another. Against the said order the Bank preferred an appeal wherein notices were issued, but in the meantime the auction purchaser filed a petition under Article 227 of the Constitution of India bearing number 3164 of 2025; Chandralekha Singh vs. Canara Bank and three others challenging the order dated 02.09.2024, which was quashed, and the petition was allowed on 26.05.2025. The result of it is that Securitization Application of the petitioner is now pending before the Debts Recovery Tribunal. In the interregnum the Bank has proceeded to issue notice dated 27.05.2025 for handing over physical possession, which has been challenged herein. The order dated 26.05.2025 passed by this Court under Article 227 of the Constitution of India has not been challenged as of now by the petitioner, therefore, all that the petitioner can do now is to move an application before the Debts Recovery Tribunal, Lucknow seeking interim relief and if such an application is filed within three days, the same shall be considered and order as deemed proper be passed within the next three days. 3. Learned Standing Counsel Shri Ashish Saxena shall communicate this order to the Presiding Officer of the Debts Recovery Tribunal at Lucknow for compliance. 4. The writ petition is disposed of. 5. Let a copy of this order be provided to the parties today on payment of usual charges. . (Praveen Kumar Giri, J.) (Rajan Roy, J.) Order Date :- 5.6.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench