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2025 DAILYLAW 169967 (ALL)

MOHAMMAD HAQ ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 4 OTHERS

WRIC/10808/2024 · 2025-01-15

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2562-DB Court No. - 2 Case :- WRIT - C No. - 10808 of 2024 Petitioner :- Mohammad Haq Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others Counsel for Petitioner :- Shobhit Mohan Shukla,Mujtaba Kamal Sherwani Counsel for Respondent :- C.S.C.,Amrendra Nath Tripathi,Nitin Srivastava Hon'ble Rajan Roy, J. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the parties. 2. On 12.12.2024, we have passed the following order:- "1. Heard Sri Shobhit Mohan Shukla, learned counsel for the petitioner, learned Standing Counsel appearing for the State-opposite parties no.1 to 3, Sri Nitin Srivastava, learned counsel appearing for opposite party no.4 and Sri Amrendra Nath Tripathi, learned counsel appearing for opposite party no.5. 2. We have also perused our earlier order dated 29.11.2024 dismissing the writ petition of the petitioner challenging the order passed under Section 14 of SARFAESI Act, 2002. The subsequent notice by the Additional City Magistrate, Lucknow for handing physical possession is in pursuance to our order. As regards Debt Recovery Tribunal order dated 11.12.2024, the same is not on record. It is submitted by the petitioner's counsel that it has not been uploaded as yet. 3. Be that as it may, against such an order, there is a remedy before the appellate authority under Section 18 of SARFAESI Act, 2002 as stated by Sri Amrendra Nath Tripathi, counsel for opposite party no.5. However, we express no conclusive opinion on this remedy being available to the petitioner. We find no reason to grant any interim relief specially in view of what has already been stated by us in our earlier order. 4. Put up this case on 18.12.2024, as fresh." 3. Today, Sri Shobhit Mohan Shukla, counsel for the petitioner has placed before us a certified copy of the order of the Debt Recovery Tribunal, Lucknow, which has been subsequently uploaded and it is dated 11.12.2024. The same is taken on record. By the said order, the interim relief application of the petitioner seeking a stay on the order passed under Section 14 of SARFAESI Act, 2002 has been declined with the observation that the Securitization Application would be decided finally. Counsel for the petitioner at this stage confines himself seeking a relief for final disposal of Securitization Application No.286 of 2022 expeditiously. 4. Let Debt Recovery Tribunal, Lucknow make an earnest endeavour to dispose of the said Securitization Application at the earliest subject of course the pendency of other Securitization Applications and the period for which they have remained pending. It is open for the petitioner to challenge the order passed under Section 14 of SARFAESI Act, 2002 in the same Securitization Application by way of an amendment application or by filing a separate Securitization Application as the case may be, if it is otherwise permissible in law. If any application for amendment is pending, then that may be considered. 5. We have also been informed that possession has already been handed over to the auction purchaser, who is represented by Sri Amrendra Nath Tripathi, Advocate, therefore, there is no impediment in disposal of Securitization Application No.286 of 2022. 6. Writ petition is disposed of accordingly. . (Brij Raj Singh, J.) (Rajan Roy, J.) Order Date :- 15.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench