M/S SHUBH MANGALAM INDUSTRIES THRU.PARTNER MRS.CHANDA SINGH AND MR.SHEKHAR SINGH AND 2 OTHERS v. DEBTS RECOVERY APPELLATE TRIBUNAL LKO. THRU. CHAIRPERSON AND 7 OTHERS
A227/4358/2025 · 2025-07-24
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153664 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153664 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42624 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4358 of 2025 Petitioner :- M/S Shubh Mangalam Industries Thru.Partner Mrs.Chanda Singh And Mr.Shekhar 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.,Kapish Srivastava Hon'ble Pankaj Bhatia,J.
1. Application for restoration of physical possession filed by the petitioner and supplementary affidavit filed on behalf of the respondent no.3 are taken on record.
2. Heard learned Counsel for the petitioner as well as learned Standing Counsel and Sri Deepak Singh, learned Counsel for the respondent-Bank.
2. The present petition has been filed with the following prayers:
"(I) To pass an appropriate direction to the Debts Recovery Appellate Tribunal, Allahabad that against the interlocutory order no pre-deposit is required as observed by the Hon'ble Supreme Court in 2025 SCC Online SC 1234; Sunshine Builder and Developers Vs HDFC Bank. (II) To issue an order or direction to the Debts Recovery Appellate Tribunal, Lucknow to decide the Stay Application dated 18.07.2025 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). (III) To issue an order or direction commanding to respondent no.3 to 7 not to take any corrosive measures till disposal of the Misc. Appeal pending before Debts Recovery Appellate Tribunal, Allahabad."
3. It is argued that the petitioner had approached this Court by filing petition being Matter Under Article 227 No.4152 of 2025, which was disposed off on 11.07.2025 directing the petitioner to move an application before the DRAT concerned for early hearing in the appeal preferred by the petitioner. It is stated that no date was fixed by the DRAT and in the meanwhile the possession has been taken by the respondents.
4. Considering the letter shown that the Registrar, DRAT has fixed the matter for 24.07.2025 and it is informed that now
some other dates have been fixed, the present petition is
disposed off with a direction upon the DRAT to decide the appeal preferred by the petitioner bearing Diary No.1021 of 2025 as well as the interim application filed in the appeal expeditiously preferably within a period of one week from today.
Order Date :- 24.7.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench