PRAVEEN KUMAR KHARE AND ANOTHER v. DEBTS RECOVERY TRIBUNAL LKO. AND ANOTHER
A227/5851/2025 · 2025-10-06
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 194729 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194729 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5851 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioners who has filed a supplementary affidavit and the same is taken on record. In view of the order proposed by the Court, notice to the proposed respondent no. 2 is dispensed with. The petitioner has approached this Court with the limited prayer that his application for interim relief which is pending adjudication before the respondent no. 1, may be considered and decided expeditiously. It is stated that earlier the petitioners have filed a petition under Article 227 of the Constitution of India bearing No. 5460 of 2025 wherein this Court on 11.09.2025 had granted the following indulgence and the relevant portion thereof is being reproduced hereinafter:-
"Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the Presiding Officer of the Debt Recovery Tribunal to consider and decide the application filed by the petitioners with the auction notice dated 13.08.2025 as well as possession notice in Securitization Application No.272 of 2025 as expeditiously as possible, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties. It is made clear that the Court has not examined the case of either of the parties on Versus Counsel for Petitioner(s) : Manoj Kumar Mishra, Akansha Pathak, Divya Dwivedi, Pawan Kumar Shukla, Piyush Tripathi Counsel for Respondent(s) :
Praveen Kumar Khare And Another .....Petitioner(s) Debts Recovery Tribunal Lko. And Another .....Respondent(s)
merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of." It is urged that armed with the said order, the petitioners had filed an application before the Debts Recovery Tribunal at Lucknow on 19.09.2025 wherein the court had fixed the matter for 14.11.2025, however, it also gave the liberty that in case of any urgency, the petitioners would have the right to move an application, a copy of the said order is on record as Annexure No. 9 to the writ petition.
It is further urged that thereafter the petitioner had moved an application for urgency on 22.09.2025 and it is stated that the Debts Recovery Tribunal has now fixed the matter on 15.10.2025. Be that as it may, since the Debts Recovery Tribunal, Lucknow had already fixed the matter for 15.10.2025, accordingly, this Court is not inclined to entertain the present petition at this stage. It is however observed that in case if the petitioner appears before the Debts Recovery Tribunal on 15.10.2025, i.e. the date fixed in the matter, he shall not be provided any adjournment, however, the Debts Recovery Tribunal concerned shall hear and decide his application for interim relief on the same date itself or if the same is not possible then within a week thereafter. It is made clear that the Court has not examined the case of either of the parties on merits and the Debts Recovery Tribunal shall pass appropriate orders on the said application strictly in accordance with law. With the aforesaid, the petition stands disposed of. October 6, 2025 Asheesh A227 No. 5851 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench