SUDHIR KUMAR KESARVANI AND ANOTHER v. ADDITIONAL DISTRICT MAGISTRATE AND 2 OTHERS
WRIC/7716/2025 · 2025-04-08
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28174 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28174 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:51407-DB Court No. - 40 Case :- WRIT - C No. - 7716 of 2025 Petitioner :- Sudhir Kumar Kesarvani And Another Respondent :- Additional District Magistrate And 2 Others Counsel for Petitioner :- Arun Mishra,Vijay Pratap Singh Counsel for Respondent :- Arpita Tarmali,C.S.C.,Sanjay Kumar Gupta,Satish Chaturvedi Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Supplementary affidavit filed by the learned counsel for the petitioners is taken on record.
2. Heard counsel appearing on behalf of the parties.
3. The following prayers have been made in this writ petition:-
"(i) Issue a writ in the nature of Certiorari Quashing impugned order dated 12.09.24(Annexure-4) & notice dated 22.02.25 (Annexure-6) issued by respondent No.1 U/s 14 of the Act, 2002 in favour of a person (respondent No.2) who ceases to be 'SECURED CREDITOR' as his liability has become satisfied and he is required U/s 25(1) of the Act,2002 to get entered in record of CERSAI of such satisfaction. (ii) Issue appropriate writ restraining the respondent No. 2 to dispossess the petitioners from the property in question till the outcome of the S.A. No. 387/2024 pending before DRT, Allahabad."
4. Upon perusal of the documents and after hearing counsel appearing on behalf of the parties, we are of the view that the Securitisation Application No.387 of 2024 filed by the petitioners is pending before the Debt Recovery Tribunal upon which the Debt Recovery Appellate Tribunal has already passed an order directing the Tribunal to hear the matter expeditiously.
5. In light of the same, the Debt Recovery Tribunal is directed to hear out this matter after granting the petitioners and the secured
creditor as well as the auction purchaser an opportunity of hearing. The entire process should be completed within a period of eight weeks from date.
6. With these directions, the writ petition is disposed of.
7. To meet the ends of justice, we are of the view that till the Securitisation Application No.387 of 2024 is decided by the Debt Recovery Tribunal, no coercive measure should be taken against the petitioners. Order Date :- 9.4.2025 Radhika (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad