M/S SHYAM FASHION HOUSE AND ANOTHER v. STATE OF UTTAR PRADESH AND 2 OTHERS
WRIC/10776/2025 · 2025-04-10
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40645 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40645 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:53563 Court No. - 9 Case :- WRIT - C No. - 10776 of 2025 Petitioner :- M/S Shyam Fashion House And Another Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Kumar Kartikeya,Shreesh Srivastava Counsel for Respondent :- C.S.C.,Sanjai Singh Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"(i) Issue a suitable writ order or direction by quashing order dated 28.03.2025 as passed by Ld. Debt Recovery Tribunal, Lucknow without considering the merits of the case and also ignoring the fact the order dated 01.10.2024 was barred by principle of res judicata. (As contained in Annexure No. 1 to this writ petition). (ii) Issue a suitable writ order or direction directing the Respondent No. 3 to not to take forceful physical possession of the property in question in pursuance to the order 01.10.2024 passed by District magistrate, Baghpat whereby the bank has also issued office memorandum to take physical possession on or after 01.04.2025 and further direct to maintain status quo over the property in question till the finalization of the Securitization Application pending adjudication before the Ld. Debt recovery Tribunal at Allahabad."
2. A preliminary objection has been raised by counsel appearing for the Bank as to the maintainability of the writ petiton on the ground that the order impugned dated 28.03.2025 passed by Debt Recovery Tribunal, Lucknow is appealable under Section 18 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debt Recovery Appellate Tribunal. Learned counsel further submits that the property in question has already been auctioned and possession has already been given to the secured creditors.
3. In view of the said fact, the writ petition is dismissed on the ground of alternative remedy. Order Date :- 11.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad