RAJESH KUMAR v. DEBT RECOVERY TRIBUNAL LUCKNOW BENCH,LUCKNOW AND 4 OTHERS
WRIC/6409/2025 · 2025-07-16
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149382 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149382 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40496-DB Court No. - 2 Case :- WRIT - C No. - 6409 of 2025 Petitioner :- Rajesh Kumar Respondent :- Debt Recovery Tribunal Lucknow Bench,Lucknow And 4 Others Counsel for Petitioner :- Manju Sharma Counsel for Respondent :- C.S.C.,Sharad Kumar Shukla Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner-borrower has challenged an order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by the Additional District Magistrate (F/R), Bareilly. Apart from the fact that such a petition by the borrower is not maintainable in view of our judgments dated 25.10.2024 and 14.11.2024 rendered in Writ C No. 8867 of 2024 (Bank of Baroda Vs. State of U.P. and 8 others) and Writ C No. 9723 of 2024 (Pnb Housing Finance Ltd. Lko. Thru. Authorised Representative Mr. Surya Prakash Mishra vs. State of U.P. and others), we also do not have territorial jurisdiction in the matter. Merely because the petitioner has initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal at Lucknow bearing S.A. No.4862/2021, will not give us jurisdiction as there is no relief claimed with regard to such proceeding. The petitioner may pursue the proceedings already initiated. The petition at the behest of the borrower challenging such an order is not maintainable. Writ Petition stands disposed of without prejudice to the rights of the petitioner before the Debts Recovery Tribunal. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 16.7.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench