R-CUBE HEALTHCARE INDUSTRIES PVT. THRU. DIRECTOR,RAVINDER KAUR SRIVASTAVA AND 2 OTHERS v. DEBT RECOVERY TRIBUNAL,LUCKNOW,UP THRU. REGISTRAR AND 5 OTHERS
A227/4409/2025 · 2025-07-29
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154040 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154040 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43749 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4409 of 2025 Petitioner :- R-Cube Healthcare Industries Pvt. Thru. Director,Ravinder Kaur Srivastava And 2 Others Respondent :- Debt Recovery Tribunal,Lucknow,Up Thru. Registrar And 5 Others Counsel for Petitioner :- Anuj Pandey,Anand Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit, filed by learned counsel for the petitioners, is taken on record.
2. Heard learned counsel for the petitioners as well as learned Standing Counsel for the State-respondent(s) and perused the material brought on record.
3. The present petition has been filed by the petitioners with the following relief (s) :
"(i) to issue writ, order or direction for the early disposal of case S.A. No. 520 of 2023 Ravindra Kaur Srivastyava & another vs. A.O. Fullerton India Home Finance Company Ltd (presently known as SMFG India Home Finance Company Ltd.) pending before the Learned Court No.1 Debts Recovery Tribunal in the Interest of Justice. (ii) Issue order or direction directing the concern Opp. Parties to restore the physical possession of the petitioner over the Flat No. 307 Mirai Residence Nirala Nagar Lucknow. (iii) Issue an order or direction whereby Summoning the record in original and thereafter quash the sale notice dated 10.05.2025 annexed as Annexure no.13 to this writ petition. (iv) Issue order or direction whereby directing the concern opposite parties to initiate inquiry against the officials responsible for illegally taking physical possession of the petitioner's properly i.e. Flat No. 307 Mirai Residence Nirala Nagar Lucknow in the flagrant violation of the provisions of SARFAESI Act, 2002."
4. Considering the fact that the securitization application of the petitioner is pending before the Debt Recovery Tribunal, the present petition is disposed of with a direction to decide the pending S.A. with all expedition, in accordance with law. In case, the application is filed for grant of any interim relief, the same shall be considered expeditiously keeping in view the urgency prayed by the petitioner before the D.R.T. concerned. Order Date :- 29.7.2025/Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench