Neutral Citation No. - 2025:AHC-LKO:36997 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3910 of 2025 Petitioner :- Navin Kr. Dwivedi Respondent :- Debts Recovery Tribunal Lko. Thru. Presiding Officer And Another Counsel for Petitioner :- Rana Rahul Singh Counsel for Respondent :- Shyam Kumar Ray Hon'ble Pankaj Bhatia,J. 1. Heard Sri Rana Rahul Singh, the counsel for the petitioner and Sri Shyam Kumar Ray, the counsel for the respondent no.2. 2. The present petition has been filed by the petitioner challenging an order dated 24.06.2025 passed by the DRT, Lucknow. 3. The submission of the counsel for the petitioner is that the auction initially was proposed to be held on 16.05.2025 and an appropriate application was moved before the DRT, however, on account of wrong legal advise, a delay condonation application was also filed, although according to the counsel for the petitioner, there was no delay. It is further argued that subsequently, the property came to be sold on 21.06.2025 and prior to the said proposed sale, the petitioner had moved an application on 20.06.2025, requesting the DRT to restrain the further proceedings. It is argued that an amendment application was also filed in the earlier pending application to which, the respondent had to file objections. 4. In the light of the said facts, it is argued that the DRT has erred in recording that as the auction had not taken place on 21.06.2025, the I.A. No.1918 of 2025 has become infructuous. It is further argued that although the amendment application was on record, however, it has been observed in the order that the same is not available on record. It is further argued that the recording of the factual part that property has been sold and 25% has been deposited, would itself be a cause of action for the petitioner to press the application for grant of interim relief, however, no such consideration has been accorded and the matter was adjourned for hearing on 02.12.2025. 5. It is an admitted fact that the actual physical possession has already been taken from the petitioner for which, an application for restoration of possession is also said to be pending before the DRT. 6. Finding that there are glaring factual defects in the impugned order dated 24.06.2025, the said order is set aside with directions to decide the delay condonation application filed by the petitioner; decide the amendment application filed by the petitioner seeking to amend the I.A. No.1918 of 2025 and thereafter proceed to decide the interim application through which the interim directions were requested in the same very I.A. No.1918 of 2015. The said three applications shall be decided by the DRT afresh within a period of three weeks from today. Subject to the outcome of the said, the DRT shall proceed to decide the SA itself on merits. 7. Till the decision on the three applications within a period of three weeks as directed, no sale certificate shall be issued by the respondent no.2. 8. It is made clear that none of the parties shall be given any adjournment and in case, the petitioner does not cooperate with the disposal of the three applications, this order shall automatically come to an end. 9. The writ petition stands disposed off. Order Date :- 1.7.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench