Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 199325 (ALL)

SUDHA AND ANOTHER v. DEBTS RECOVERY TRIBUNAL LKO. AND ANOTHER

A227/5304/2025 · 2025-10-06

Jaspreet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5304 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard Sri Anwar Ashfaq learned counsel for the petitioners and Sri Varun Kant learned counsel for the respondent no.2. The record indicates that on 08.09.2025 when none had put in appearance on behalf of the petitioners, Sri Varun Kant learned counsel for the respondent has raised preliminary objection regarding maintainability of the petition. A specific query was put to learned counsel for the petitioners to indicate as to how the petition is maintainable for the reliefs as claimed, to which, after arguing at some length, he submits that the petitioners wish to deposit the entire sum in installments. Be that as it may, since orders passed under Section 17 of the SARFAESI Act are appealable hence the petitioners have a remedy of filing appeal if the petitioners desire so. As far as the request for depositing the amount in installment is concerned, this Court is not inclined to entertain the petition for the aforesaid reliefs. It will be open for the petitioners to approach respondent no.2 who may consider the request of the petitioners as per law, however, as far as this Court is concerned it does not deem appropriate to entertain the petition. For the aforesaid reasons, the petition is dismissed. However, it is made clear that mere dismissal of the petition may not be Versus Counsel for Petitioner(s) : Anwar Ashfaq Counsel for Respondent(s) : Varun Kant Sudha And Another .....Petitioner(s) Debts Recovery Tribunal Lko. And Another .....Respondent(s) treated as expression of opinion on merits, in case, if the petitioners choose to assail the order before the appropriate court which needless to say shall be considered and decided on its own merits. October 6, 2025 Harshita A227 No. 5304 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench