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2025 DAILYLAW 166892 (ALL)

MOHD. HAIDER AND ANOTHER v. DEBTS RECOVERY TRIBUNAL LKO. AND 7 OTHERS

WRIC/9583/2025 · 2025-09-24

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9583 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard, learned counsel for the appellant, Shri Arun Kumar Shukla, learned counsel for the respondent no.7 and Shri Prashant Kumar Srivastava, learned counsel for the respondent nos.2 and 3. 3. The present petition has been filed challenging the order dated 10.09.2025, by which the SA preferred by the petitioner was dismissed. 4. It is argued that the petitioner was enjoying an interim protection during the pendency of SA No. 656 of 2024 and 1074 of 2023. However, immediately after the SA was pressed, a notice was served threatening to take possession on 30.09.2025, even before the time for filing an appeal had come to an end. 5. The learned counsel for the respondent states that the petitioner has an efficacious remedy of an appeal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Upholding this objection, the present petition is disposed of, and the petitioner is permitted to prefer an appeal under the aforesaid Section 18. 6. In the event that the appeal is filed within the limitation prescribed under the SARFAESI Act and an interim application is moved by the petitioner before the Debt Recovery Tribunal (DRT), Allahabad, the said interim application shall be considered within one week of its filing. Versus Counsel for Petitioner(s) : Alok Saxena, Paras Pradhan Counsel for Respondent(s) : Arun Kumar Shukla, C.S.C., Prashant Kumar Srivastava Mohd. Haider And Another .....Petitioner(s) Debts Recovery Tribunal Lko. And 7 Others .....Respondent(s) 7. Till the disposal of the interim application, no coercive action of dispossession shall be taken against the petitioner. In case the appeal is not filed within the prescribed limitation, this order shall come to an end. September 24, 2025 Haseen U. WRIC No. 9583 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench