M/S SHIVA EARTH MOOVERS PROP MR. NRIPENDRA SINGH AND 2 OTHERS v. BANK OF BARODA REGIONAL STRESSESD RECOVERY OFFICE THRU. AUTHORIZED OFFICER AND 2 OTHERS
A227/6803/2025 · 2025-11-21
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196733 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196733 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6803 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Pooja Goswami, the learned counsel for the petitioner, Ms. Yashkirti Ratan, Advocate holding brief of Sri Prashant Kumar Srivastava, the learned counsel for the opposite party nos.1 and 2 and perused the record. 2. Keeping in view the reliefs sought and the order proposed to be passed issuance of notice to the opposite parties is dispensed with. 3. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Debt Recovery Tribunal, Lucknow to decide Securitization Application No.182 of 2021: M/s Shiva Earth Moovers and others Vs. Bank of Baroda, under Section 17 of SARFAESI Act, 2002 expeditiously. 3. A copy of order sheet of Debt Recovery Tribunal indicates that the Tribunal is fixing dates at very long intervals and at times dates have been adjourned without assigning any reason. 4. Section 17(5) of the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 provides as follows:
"17 (5) Any application made under sub-section (1) shall be dealt with by the Debts Recovery Tribunal as expeditiously as possible and disposed of within sixty days from the date of such application: Provided that the Debts Recovery Tribunal may, from time to time, extend the Versus Counsel for Petitioner(s) : Ishwar Chandra Pandey, Hari Kant Counsel for Respondent(s) : Prashant Kumar Srivastava M/S Shiva Earth Moovers Prop Mr. Nripendra Singh And 2 Others .....Petitioner(s) Bank Of Baroda Regional Stressesd Recovery Office Thru. Authorized Officer And 2 Others .....Respondent(s)
said period for reasons to be recorded in writing, so, however, that the total period of pendency of the application with the Debts Recovery Tribunal, shall not exceed four months from the date of making of such application made under sub-section (1)."
5. In these circumstances, the petition is disposed of and a direction is issued to Debt Recovery Tribunal, Lucknow to decide Securitization Application No.182 of 2021: M/s Shiva Earth Moovers and others Vs.
Bank of Baroda, under Section 17 of SARFAESI Act, 2002 expeditiously in accordance with law without granting any unnecessary adjournment to any of the parties keeping in view the statutory mandate contained in Section 17(5) of the Act and by fixing dates at short intervals. November 21, 2025 Ram. A227 No. 6803 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench