Neutral Citation No. - 2025:AHC:56517-DB Court No. - 40 Case :- WRIT - C No. - 11452 of 2025 Petitioner :- Yogesh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Singh Counsel for Respondent :- C.S.C.,Ramesh Kumar Shukla Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel appearing on behalf of the petitioner, and the learned Standing Counsel appearing on behalf of the State respondent(s). This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has sought a direction to the respondent No. 3, the Branch Manager, Aryavrat Bank, Aligarh Main Branch, District Aligarh to grant him time for depositing the remaining amount of Rs.4,11,25,500/- in E-auction proceeding (Auction ID 323822) till disposal of S.A. No.23/2025, stated to be pending before the Debt Recovery Tribunal (D.R.T.), Allahabad. This is an application wherein the auction purchaser has deposited 25% of the amount as per the terms and conditions of the auction. It is to be noted that the said application has been filed by the borrower, wherein stay has been granted by the D.R.T. The relevant portion of the said order is extracted hereinbelow: "9. After hearing both the side considering the fact of case in my considered opinion it would be just and proper to direct the Respondent Bank to continue with the auction scheduled for today however shall not issue sale certificate till next date of hearing so that this matter may be heard on merit so far effect of interim protection granted by Hon'ble High Court of Allahabad is concerned." Upon perusal of the said order, it is clear that the auction is to be continued but the sale certificate is not to be issued till the matter before the D.R.T. is heard on merits. In light of the same, we feel that the petitioner is justified to a certain extent in stating that he should be made to deposit till the matter is concluded before the D.R.T. However, this is a prayer that he should have made and should be made before the D.R.T. as the D.R.T. is in seisin of the same. This writ petition is accordingly disposed of with liberty granted to the petitioner to approach the D.R.T. with similar prayers as has been made by him before the High Court by means of the instant petition. The petitioner is granted an opportunity to file the application before the D.R.T. within a period of two weeks and the bank is directed not to take any coercive measure with respect to forfeiture of the earnest money till the issue is decided by the Debt Recovery Tribunal. Order Date :- 17.4.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad