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2025 DAILYLAW 182876 (ALL)

M/S SENT BILAL CONVENT SCHOOL SAMITI THRU. MANAGER SRI ASHRAF BILAL AND ANOTHER v. THE DEBT RECOVERY TRIBUNAL LKO. AND 2 OTHERS

WRIC/10654/2025 · 2025-11-04

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10654 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Rajesh Kumar, the learned counsel for the petitioner, Sri Surendra Kumar Singh, the learned Standing Counsel appearing on behalf of the State and Sri Shyam Kumar Ray, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. 2. By means of the instant petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of an order dated 13.10.2025, passed by Debt Recovery Tribunal Lucknow whereby the learned Tribunal has ordered that if the petitioner deposits 25% of the outstanding dues within 30 days along with OTS proposal before the respondent, the respondent shall not take any steps for possession of secured assets. 3. The learned counsel for the petitioner has submitted that due to financial constraints the petitioner is unable to deposit the aforesaid amount. 4. The learned counsel for the opposite parties have opposed the petition stating that the petitioner has got a statutory remedy of filing an appeal before Debts Recovery Appellate Tribunal. 5. As the petitioner has got a statutory remedy of filing an appeal, Versus Counsel for Petitioner(s) : Rajesh Kumar, Ram Kishan Sharma Counsel for Respondent(s) : C.S.C., Shyam Kumar Ray M/S Sent Bilal Convent School Samiti Thru. Manager Sri Ashraf Bilal And Another .....Petitioner(s) The Debt Recovery Tribunal Lko. And 2 Others .....Respondent(s) this court is not inclined to entertain the petition, which is dismissed accordingly. November 4, 2025 Ram. WRIC No. 10654 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench