ASHISH KUMAR MAURYA AND ANOTHER v. DEBTS RECOVERY TRIBUNAL LKO. AND 4 OTHERS
WRIC/8305/2025 · 2025-08-28
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160456 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160456 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8305 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsels for the parties and perused the material brought on record.
2. The present petition has been filed by the petitioners challenging the
judgment and order dated 08.08.2025, whereby the securitization application filed by the petitioners being S.A.No. 387 of 2024 (Ashish Kumar Maurya and Another vs. Punjab National Bank & Another) was dismissed.
3. Learned counsel for the respondent- Bank states that an appeal is prescribed against the impugned order under Section 18 of the 'SARFAESI' Act. As, the issue has been decided on merits and the S.A. has been dismissed, without going into the merits of the said judgment, the present petition is disposed of on the ground of alternative remedy of appeal.
4. As, the appeal is yet to be filed and, it is prayed that the respondents are taking forceful possession on the property, the present petition is
disposed of with a direction that, an appeal is filed within a period of 15 days from today along with an interim application and the appeal is entertainable in terms of the prescriptions contained under Section 18 of the 'SARFAESI' Act, the D.R.T. shall pass an order on the interim application within one week thereafter. Versus Counsel for Petitioner(s) : Alok Saxena, Paras Pradhan Counsel for Respondent(s) : Brajendra Amiy Ashish Kumar Maurya And Another .....Petitioner(s) Debts Recovery Tribunal Lko. And 4 Others .....Respondent(s)
5. Till disposal of the interim application within the time as fixed or four weeks from today, which ever is earlier, no coercive action shall be taken for dispossessing the petitioners from the property. August 28, 2025 Praveen WRIC No. 8305 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench