Disposed

Phoenix Arc Private Limited v. M/S Zazman Exports and 6 Others

Allahabad HC23 Aug 2018WRIC/27798/2018

Case brief

AI extract

What is this about?

In this writ petition, the High Court directed the Debt Recovery Tribunal to decide a pending Securitization Application within two months, bypassing merit upon counsel's admission.

What did the court decide?

Direction to the Debt Recovery Tribunal to decide Securitization Application No. 180/2011 within two months; warning against unnecessary adjournments.

Phoenix Arc Private Limited Vs M/S Zazman… — Civil Procedure and Limitation | Allahabad HC (2018)

¶1

Court No. - 36 Case :- WRIT - C No. - 27798 of 2018 Petitioner :- Phoenix Arc Private Limited Respondent :- M/S Zazman Exports And 6 Others Counsel for Petitioner :- Om Prakash Misra

¶2

Hon'ble Mrs. Sunita Agarwal,J.

¶3

Heard Sri Anurag Khanna, learned Senior Counsel assisted by Sri Om Prakash Mishra as well as Sri Suresh Dutt Dobhal, learned counsel for the petitioner..

¶4

The present petition is directed against the order dated 16.5.2018 passed by the Debt Recovery Appellate Tribunal, Allahabad in Misc. Application No. 50/2018 in Appeal Sr. Number 189/2017. The said order has been passed on an application moved by the petitioner for recall of the earlier order dated 22.9.2017 disposing of the appeal i.e. with the prayer for revival of Appeal No. 189/2017.

¶5

The Appeal No. 189/2017 has been disposed of, vide order dated 22.9.2017, with the direction to the Debt Recovery Tribunal to decide the stay vacation application within a time bound period, simultaneously, the securitization application moved by the borrower was also directed to be decided finally.

¶6

Learned Senior Counsel submits that the petitioner does not want to press the prayer no. (i) of the writ petition, rather it seeks a direction in the nature of mandamus commanding the Debt Recovery Tribunal to decide the Securitization Application No. 180/2011 pending before the Debt Recovery Tribunal, Allahabad within a stipulated period.

¶7

Considering the above submission of learned Senior Counsel for the petitioner, without expressing any opinion on the merits of the claim of the parties, the present petition is being disposed of with the direction to the Debt Recovery Tribunal to decide the Securitization Application No. 180/2011 expeditiously, preferably, within a period of two months from the date of submission of certified copy of this order, by giving due opportunity of hearing to all concerned parties.

¶8

It goes without saying that no unnecessary adjournments would be granted to either of the parties and in case of any such adjournment, appropriate cost shall be imposed.

¶9

Order Date :- 23.8.2018 Pratima

Phoenix Arc Private Limited v. M/S Zazman Exports and 6 Others

Case brief

What is this about?

What did the court decide?

Phoenix Arc Private Limited v. M/S Zazman Exports and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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