M/S MALIK PRINTING PRESS THRU. PROPRIETOR SHARIQ AZIZ AND 4 OTHERS v. U.O.I. MINISTRY OF FINANCE DEPTT. OF FINANCIAL SERVICES THRU. SECY. AND 2 OTHERS
A227/3927/2025 · 2025-07-02
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149234 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149234 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37218 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3927 of 2025 Petitioner :- M/S Malik Printing Press Thru. Proprietor Shariq Aziz And 4 Others Respondent :- U.O.I. Ministry Of Finance Deptt. Of Financial Services Thru. Secy. And 2 Others Counsel for Petitioner :- Gaurav Gupta,Jyoti Rajpoot Counsel for Respondent :- A.S.G.I.,Prashant Kumar Srivastava Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner and Sri Prashant Kumar Srivastava,
learned Counsel appearing on behalf of the Bank.
2. The present petition has been filed with the following prayer:
"i) Direction to the concerned court (Opposite Party no.2) for expeditious disposal of Interim Relief Application in Securitization Application No. 561/2025 filed Under Section- 17 SARFAESI Act (M/s S Malik Printing Press and Others vs Bank Of Baroda) pending before Ld. Debts Recovery Tribunal Lucknow/ Opposite party no.2, on day to day hearing within a prescribed time as set by this hon'ble court, in the interest of justice and to stay the entire SARFAESI proceedings including possession proceedings till the disposal of the SA."
3. The contention of the Counsel for the petitioner is that on the one hand, the application for grant of interim relief was pending before the DRT on the other hand, the respondent-Bank is threatening to take possession.
4. The Counsel for the respondent-Bank does not dispute the fact that the application for grant of interim relief is pending consideration. He however states an application for dismissing the application on the ground of maintainability has also been filed by the respondent, which is also pending
consideration.
5. In view of the said submission, present petition is disposed off directing the DRT to consider and decide the pending interim relief application, delay condonation application and the objection filed with regard to the maintainability of the application filed by the respondent-Bank within two weeks from today or on the date fixed.
6. Till the decision of the abovesaid applications, no coercive steps shall be taken with regard to the possession of the property in question.
Order Date :- 2.7.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench