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2025 DAILYLAW 198955 (ALL)

PAWAN KUMAR JASUJA AND ANOTHER v. DEBT RECOVERY TRIBUNAL LKO AND ANOTHER

A227/3410/2025 · 2025-10-10

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 3410 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Amarjeet Singh Rakhra, the learned counsel for the petitioners, Sri Prashant Kumar Srivastava, the learned counsel for Punjab National Bank/opposite party no.2 and Sri Nikhil Srivastava, Advocate who has put in appearance on behalf of the opposite party no.3 and filed his vakalatnama, which is taken on record. 2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioners have challenged the validity of an order dated 20.05.2025, passed by the Debts Recovery Tribunal, Lucknow in Securitization Application NO.465 of 2021: Pawan Kumar Jasuja Vs. Authorized Officer, P.N.B., whereby interim order dated 28.10.2024, passed in the aforesaid case directing that the respondent-bank will not take physical possession of the property from the applicant till further orders, has been modified so as to provide that any action of the parties shall be guided by the final outcome of S.A. 3. On 29.05.2025 a Coordinate Bench of this court has passed an interim order providing that dispossession in pursuance of the order dated 20.05.2025 shall remain stayed till the next date of listing and this order is still continuing to operate. Versus Counsel for Petitioner(s) : Amarjeet Singh Rakhra, Bashisth Muni Mishra Counsel for Respondent(s) : Prashant Kumar Srivastava, Brajendra Amiy, Praveen Dwivedi Pawan Kumar Jasuja And Another .....Petitioner(s) Debt Recovery Tribunal Lko And Another .....Respondent(s) 4. The learned counsel for the petitioner has submitted that the S.A. is ripe to be heard by the D.R.T. and the petitioner should not be dispossessed from the property in dispute till decision of the S.A. 5. The learned counsel for the opposite parties states that the S.A. is fixed for hearing on 28.11.2025 and they also expressed willingness for final disposal of the S.A. 6. Accordingly, the instant petition is disposed off by providing that the D.R.T. shall decide the S.A. No.465 of 2021 preferably on the next date fixed i.e. 28.11.2025 and in case the D.R.T. is unable to decide the S.A. on the aforesaid date due to some compelling reasons, the S.A. shall be decided soon thereafter by fixing some short date and denying unnecessary adjournment to any of the parties. Till disposal of S.A. the physical possession of the petitioner in respect of the property in question shall not be disturbed. October 10, 2025 Ram. A227 No. 3410 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench