HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7209 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Agendra Sinha, Advocate, learned counsel for the petitioner and Shri Brajendra Amiy, Advocate, learned counsel for Punjab National Bank. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of judgment and order dated 6.11.2025 passed by the Debt Recovery Tribunal, Lucknow in S.A. No. 842 of 2023, whereby the Tribunal has set aside the sale of secured assets in favour of the petitioner made on 29.01.2024. The Sale Certificate and confirmation letter issued in favour of the petitioner has also been cancelled and the respondents-Bank has been directed to return the amount received from the petitioner within 15 days along with the interest @ 9%. 3. The petitioner has got a statutory remedy of filing appeal under Section 18 of the SARFAESI Act. 4. The learned counsel for the petitioner submitted that he has filed this appeal as the Tribunal has committed gross illegality in passing the order dated 6.11.2025. It is further submitted that till date, the Bank has not returned the amount with interest as per the impugned order dated 6.11.2025, passed by the Debt Recovery Tribunal, Lucknow but he apprehends that his possession in respect of the property purchased under the sale conducted on 29.01.2024. As the petitioner has got Versus Counsel for Petitioner(s) : Agendra Sinha Counsel for Respondent(s) : Brajendra Amiy Balram Gupta .....Petitioner(s) Debt Recovery Tribunal Lko. Thru. Registrar And 4 Others .....Respondent(s) statutory remedy of filing appeal available, this Court is not inclined to entertain the petition under Article 227 of the Constitution of India by passing the statutory remedy. 5. Accordingly, the petition is disposed of by granting liberty to the petitioner to file an appeal under Section 18 of the SARFAESI Act against the judgment and order dated 6.11.2025, passed by the Debt Recovery Tribunal, Lucknow in S.A. No. 842 of 2023. However, to prevent the interest of justice being defeated it is provided that to secure interest of justice, it is provided that till the petitioner's appeal is admitted and his application for interim relief is decided by the Debt Recovery Appellate Tribunal, the petitioner's possession in respect of the secured assets purchased by him under the sale conducted on 29.01.2024, shall not be disturbed. December 18, 2025 Muk A227 No. 7209 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench