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2025 DAILYLAW 160754 (ALL)

M/S VAP INFOSOLUTIONS THRU. PRO. VARTIKA SHARMA AND 2 OTHERS v. PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL LKO. AND 2 OTHERS

WRIC/8229/2025 · 2025-08-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8229 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner and Shri Prashant Kumar, learned counsel for the respondent. 2. Present petition has been filed by the petitioner aggrieved against the action of the respondent in proceeding to sell the property of the petitioner in pursuance to a certificate of recovery passed by the DRT. 3. Contention of learned counsel for the petitioner is that Chapter V of The Recovery of Debts and Bankruptcy Act (for short 'DRT Act') prescribes for the manner in which the recovery is to be made and the appendix to the DRT Act prescribes the procedure for recovery of tax. It is argued that none of the provisions contained in the appendix which are statutory have been followed while proceeding to auction the property. 4. As none of the documents pertaining to manner in which the Recovery Officer is proceeding to auction the property are before this Court and considering the mandate of Section 30, present petition is disposed off permitting the petitioner to file an appeal under Section 30 of the DRT Act, before the Tribunal. 5. In case the appeal is preferred, DRT concerned shall peruse the records to see whether the manner of sale as prescribed in the appendix to the DRT Act has been followed or not ? Versus Counsel for Petitioner(s) : Arun Kumar Shukla Counsel for Respondent(s) : Prashant Kumar M/S Vap Infosolutions Thru. Pro. Vartika Sharma And 2 Others .....Petitioner(s) Presiding Officer Debts Recovery Tribunal Lko. And 2 Others .....Respondent(s) 6. The appellate authority i.e. the DRT concerned shall pass orders after perusal of the records of the recovery officer within a period of one week from the appeal being filed. 7. In addition thereto, the petitioner would be entitled to take steps, if so advised, prescribed under Section 27 or move an application under Rule 60, 61 or 66 of the appendix to DRT Act as may be deemed appropriate by the petitioner. 8. In case the appeal is preferred within a period of one week, the same shall not be dismissed on the ground of limitation. August 27, 2025 nishant WRIC No. 8229 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench