M/S SHUBH MANGALAM INDUSTRIES A PARTNERSHIP FIRM THRU. PARTNERS CHANDA SINGH AND 2 OTHERS v. DEBTS RECOVERY APPELLATE TRIBUNAL LKO. THRU. CHAIRPERSON AND 7 OTHERS
A227/4152/2025 · 2025-07-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151476 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151476 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39718 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4152 of 2025 Petitioner :- M/S Shubh Mangalam Industries A Partnership Firm Thru. Partners Chanda Singh And 2 Others Respondent :- Debts Recovery Appellate Tribunal Lko. Thru. Chairperson And 7 Others Counsel for Petitioner :- Praveen Dwivedi Counsel for Respondent :- C.S.C.,Deepak Singh Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioners as well as learned Standing Counsel and Sri Deepak Singh, learned Counsel for the opposite party no.3.
2. The present petition has been filed with the following prayer:
"(I) To issue an order or direction to the Debts Recovery Appellate Tribunal, Lucknow to decide the Stay Application without taking cognizance of Pre-Deposit which is pending in Misc. Appeal No.1021 of 2025 (M/s Shubh Mangalam Industries & Ors. Vs Union Bank of India). OR To issue an order or direction quashing the order dated 29.05.2025 & 25.06.2025 passed by the Debts Recovery Tribunal, Lucknow in Securitisation Application No. 390 of 2025 (M/s Shubh Mangalam Industries & Ors. Vs Union Bank of India) and direction be issued to the Debts Recovery Tribunal, Lucknow to decide the interim relief application in accordance with law."
3. The petitioners had earlier approached this Court almost on similar relief in which the petition was disposed of vide order dated 01.07.2025 with following directions:
"1. Heard learned counsel for the petitioners and Shri Deepak Singh,
learned counsel for the respondent no. 2.
2. The present petition has been filed for the following relief:
" (I) To issue an order or direction to the Debts Recovery Appellate Tribunal, Lucknow to decide the Stay Application without taking cognizance of Pre-Deposit which is pending in Misc. Appeal No.1021 of 2025 (M/s Shubh Mangalam Industries & Ors. Vs Union Bank of India). OR To issue an order or direction quashing the order dated 29.05.2025 & 25.06.2025 passed by the Debts Recovery Tribunal, Lucknow in Securitisation Application No. 390 of 2025 (M/s Shubh Mangalam
Industries & Ors. Vs Union Bank of India) and direction be issued to the Debts Recovery Tribunal, Lucknow to decide the interim relief application in accordance with law. (II) To issue an order or direction commanding the Debts Recovery Tribunal, Lucknow to consider and decide the Securitisation Application No.390 of 2025 (M/s Shubh Mangalam Industries & Ors. Vs Union Bank of India) within such stipulated period of time as may be prescribed by this Hon'ble Court with giving sufficient opportunity of hearing."
3. Considering the fact that the decision is to be taken by the DRAT, the present petition is disposed of directing the DRAT to pass orders on the application filed by the petitioners for consideration of Misc. Appeal No. 1021 of 2025 preferably, within a period of three weeks from today, in the light of the law as is being argued by the petitioners. The respondents would also be at liberty to argue the provisions of law as may be available to them."
4. It is argued by the Counsel for the petitioners that after passing of the order dated 01.07.2025, the petitioner had approached the DRAT where the matter was fixed for
01.08.2025. Subsequently, the matter has been adjourned and no orders have been passed in the light of the directions given by this Court, as such, the petitioners had approached once again with same relief. During the course of argument, learned Counsel for the petitioners states that as the order dated 01.07.2025 had not been uploaded, he could not seek relief in that respect.
5. Considering the fact that this Court had already passed an
order dated 01.07.2025, the present petition is disposed off once again directing the DRAT to consider and decide the application filed by the petitioners in miscellaneous appeal Diary No.1021 of 2025 positively within a period of one week from the date of production of a certified copy of this order.
6. However, as the petitioners states that there is an imminent threat of possession, the petitioner may move an appropriate application to that effect before the DRAT, who shall consider and pass appropriate order in accordance with law.
Order Date :- 11.7.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench