M/S HARI OM ICE AND COLD STORAGE KHASRA AND 5 OTHERS v. UNION OF INDIA THROUGH SECRETARY MINISTRY OF FINANCE NEW DELHI AND 5 OTHERS
WRIC/4561/2025 · 2025-03-04
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19418 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19418 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31534 Court No. - 9 Case :- WRIT - C No. - 4561 of 2025 Petitioner :- M/S Hari Om Ice And Cold Storage Khasra And 5 Others Respondent :- Union Of India Through Secretary Ministry Of Finance New Delhi And 5 Others Counsel for Petitioner :- Devbratt Yadav,Ram Pratap Yadav Counsel for Respondent :- A.S.G.I.,Krishna Mohan Asthana,Om Prakash Gupta Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer;
"(i) Issue a writ order or direction in the nature of mandamus directing the Debt Recovery Tribunal Allahabad to decide the Securitization Application bearing SA No. 477 of 2024 (Smt Sukhpali Devi vs Canara Bank and others) along with the stay application in time frame and till the Securitization Application or Stay Application is decided no coercive action in pursuance to the impugned sale notice dated 29.01.2025 may be taken by the respondent bank against the petitioners, in the better interest of justice."
2. Petitioner before this Court is a borrower and filed the Securitization Application No. 477 of 2024 before the Debts Recovery Tribunal, Allahabad in which a stay application has been filed, which is pending consideration. The sole prayer made in writ petition for early disposal of the stay application.
3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon the Debts Recovery Tribunal, Allahabad to decide the stay application filed in Securitization Application No. 477 of 2024, in accordance with law, after hearing all affected parties, preferably within a period of three weeks from the date of production of certified copy of this order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 5.3.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad