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2025 DAILYLAW 167019 (ALL)

SMT. SARASWATI DEVI AND 2 OTHERS v. UNION OF INDIA THRU. SECY. MINISTRY OF FINANCE NEW DELHI AND 4 OTHERS

/9451/2025 · 2025-09-23

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9451 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner, Shri Ashwani Kumar Singh, learned counsel for respondent No.1, Shri Nripendra Mishra, learned counsel for respondent No.5 and Shri Vinay Shankar, learned counsel for respondent Nos.3 & 4. 2. The present petition has been filed by the petitioner challenging the order dated 03.09.2025 passed by the DRT, Lucknow. 3. Learned counsel for the respondents states that an appeal is prescribed under Section 18 of the SARFAESI Act, 2002 against the order impugned. 4. Upholding the objection, the petitioner is relegated to prefer the appeal before the DRAT, in accordance with law. 5. Learned counsel for the respondents also states that no date has been fixed for taking possession so far. 6. In view thereof, the further observations are made that in case, the petitioner prefers an appeal along with an interim application, the interim application shall be considered within a period of one week of the same being filed. In case, any notice for possession is given, the same shall be considered by the DRAT and the interim application shall be disposed of within 24 hours of the petitioner moving an appropriate application. Versus Counsel for Petitioner(s) : Rajeiu Kumar Tripathi Counsel for Respondent(s) : A.S.G.I., Nripendra Mishra, Vinay Shankar Smt. Saraswati Devi And 2 Others .....Petitioner(s) Union Of India Thru. Secy. Ministry Of Finance New Delhi And 4 Others .....Respondent(s) 7. The present petition stands disposed of. September 23, 2025 Ashutosh WRIC No. 9451 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench