AKBAL HUSAIN AND 3 OTHERS v. DEBTS RECOVERY TRIBUNAL LKO. AND 2 OTHERS
/7315/2025 · 2025-08-04
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155460 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155460 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44990-DB Court No. - 2 Case :- WRIT - C No. - 7315 of 2025 Petitioner :- Akbal Husain And 3 Others Respondent :- Debts Recovery Tribunal Lko. And 2 Others Counsel for Petitioner :- Dinesh Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for the State as well as Sri Siddharth Vikram Asthana, Advocate, who has filed his Power today on behalf of respondent no.2, which is taken on record.
2. This petition has been filed by the petitioners with following main prayers:-
"i) Issue a writ of order or direction in the nature of mandamus thereby commanding and directing to opp. party No. 1 to decide the Securitization application No. 287/2025 Akbal Husain and others Vs. Kotak Mahendra Bank Ltd. earliest in the interest of justice."
3. We have gone through the notice dated 15.7.2025 which refers to the orders passed earlier under Section 14 of the SARFAESI Act in the matter by the District Magistrate, Gonda.
4. It is not disputed by learned counsel for the petitioners that a Securitization Application is pending before the Debts Recovery Tribunal with regard to the same property, which has been filed by the petitioners and no interim relief has been granted by the Debts Recovery Tribunal in the said case. He has prayed that during pendency of Securitization Application, respondents should not be given possession of the property belonging to the petitioners.
5. This writ petition is not maintainable in view of the law settled by the Supreme Court in the case of United Bank of India vs. Satyavati Tandon and others, (2010) 8 SCC 410.
6. The writ petition is dismissed as such. Order Date :- 4.8.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench