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2025 DAILYLAW 23721 (ALL)

DIVYA PRAKASH GIRDHANI v. M/S. HDFC BANK LTD. AND 2 OTHERS

A227/2031/2025 · 2025-03-06

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33419 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2031 of 2025 Petitioner :- Divya Prakash Girdhani Respondent :- M/S. Hdfc Bank Ltd. And 2 Others Counsel for Petitioner :- Saumitra Anand,Shashank Tiwari,Shrey Counsel for Respondent :- Sushant Hon'ble Rohit Ranjan Agarwal,J. 1. On an earlier occasion, counsel for the Bank was granted time to seek instructions from the Bank as to the outstanding amount payable by the petitioner to the respondent Bank. 2. Today, counsel for the respondent-Bank has returned back with empty hands. He has not assisted the Court regarding the balance amount to be paid by the petitioner. 3. This writ petition has been filed with the following prayer: "Issue any suitable direction or order quashing and setting aside the impugned common order dated 13.02.2025 (Annexure No. 1), passed by the Ld. Recovery Officer, Debt Recovery Tribunal (DRT), Allahabad in Debt Recovery Certificate (DRC) No. 486 of 2019, M/s. HDFC Bank Ltd. v. M/s. Indco Footwear, through its partners & ORS.(arising from O.A. No. 1477/2018) and DRC No. 487 of 2019, M/s. HDFC Bank Ltd. v. M/s. Maple Exports, through its partners & ORS. (arising from O.A. No. 1478/2018);" 4. As the petitioner sought quashing of recovery certificate issued by the Recovery Officer, Debts Recovery Tribunal, the said order is appealable under Section 30 of Recovery of Debts and Bankruptcy Act, 1993 and no writ petition under Article 227 of Constitution of India lies. 5. Writ petiton is dismissed on the ground of alternative remedy. 6. This Court records its displeasure the way in which the counsel for the Bank has appeared before the Court Order Date :- 7.3.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad