VASDEV AND ANOTHER v. BANK OF BARODA BRANCH - GWALIOR ROAD AND 4 OTHERS
WRIC/16225/2025 · 2025-05-26
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58069 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58069 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:90522-DB Court No. - 40 Case :- WRIT - C No. - 16225 of 2025 Petitioner :- Vasdev And Another Respondent :- Bank Of Baroda Branch - Gwalior Road And 4 Others Counsel for Petitioner :- Ajai Kumar Srivastava Counsel for Respondent :- Anadi Krishna Narayana Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Sri Ajai Kumar Srivastava, learned counsel appearing on behalf of the petitioners and Sri Satyajit Mukerji, learned learned counsel appearing on behalf of the respondent no.1.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief:
"I. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 not to give effect to the impugned auction sale held on 21.08.2024 in favour of respondent no.5 during the pendency of Misc. (Stay) Application No.4448/2024 filed in S.A.518/2023 before the DRT, Allahabad after calling the auction sale records in respect of property measuring are 850sq. mtr. situated in Khata No.88, Khasra No.572 at Mauja Baad, Gwalior Road, Agra."
3. Counsel for the petitioners submits that his stay application pending before the Debts Recovery Tribunal, Allahabad (hereinafter referred to as 'the Tribunal') should be heard expeditiously.
4. On the other hand counsel appearing for the respondent-bank submits that auction has been completed and the sale certificate has been issued to respondent no.5.
5. Upon due consideration, we are of the view that the stay application filed by the petitioners should be considered expeditiously by the Tribunal so that the grievance of the petitioners may be heard.
6. In light of the same, we direct the Tribunal to hear the stay application of the petitioners filed before it, after granting opportunity of hearing to all the contesting parties including the bank and the auction purchaser, and pass a reasoned order expeditiously, in accordance with law.
7. With the above directions, the writ petition is disposed of. Order Date :- 27.5.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad