Disposed

Jyoti Sharma Thru. Power of Attorney Holder Mr. Sunil Kumar Verma v. Presidding Officer Debt. Recovery Tribunal Lko. and Another

Allahabad HC18 Mar 2024/1311/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed under Article 227 seeking directions regarding a sale certificate and an interlocutory order to the Debt Recovery Tribunal. The Court directed the Tribunal to decide a pending delay condonation application expeditiously without examining the case on merits.

What did the court decide?

Direction to opposite party to decide the pending delay condonation application in Secularization Application No. 892/2023 most expeditiously within two months after affording full opportunity of hear

Jyoti Sharma Thru. Power of Attorney Holder Mr… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:23253

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1311 of 2024 Petitioner :- Jyoti Sharma Thru. Power Of Attorney Holder Mr. Sunil Kumar Verma Respondent :- Presidding Officer Debt. Recovery Tribunal Lko. And Another Counsel for Petitioner :- Sumeet Tahilramani

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Hon'ble Saurabh Lavania,J.

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Heard.

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In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

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The present petition has been filed for the following main relief:-

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"i. Issue an appropriate order or direction to the respondent no.2 to not to issue a sale certificate and execute a sale deed in favour of the auction purchaser in pursuance of the e- auction conducted on 29.02.2024 qua the House No.6 (Naya) Khasra No.63/4, Village Aurangabad Gadna, Tehsil Modinagar, District- Ghaziabad, Uttar Pradesh- 201204, till the time the interim relief of the petitioner is decided by the respondent no.1/ Learned Presiding Officer, Debt Recovery Tribunal, Lucknow.

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ii. Issue an appropriate order or direction to the Respondent No.1/ Presiding Officer, Debt Recovery Tribunal, Lucknow, to forthwith decide the interim relief in the Secularization Application No. 892/2023 titled as 'Jyoti Sharma Vs. Capri Global Limited' pending before him, expeditiously, in a time bound manner preferably within a period of one week, keeping in view the urgency involved in the case;

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iii. Issue an appropriate order or direction to the Respondent No.1/ Presiding Officer, Debt Recovery Tribunal, Lucknow, to finally decide the Secularization Application No. 892/2023 titled as 'Jyoti Sharma Vs. Capri Global Limited' pending before him, expeditiously in a time bound manner preferably within a period of one month;"

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After taking note of the fact as indicated in the present petition as also pointed out by learned Counsel for the petitioner Sri Sumeet Tahilramani, particularly that delay condonation application as also two applications seeking amendment, have not been disposed of till date, the present petition is disposed of with direction to opposite party no.1, to consider and decide the pending delay condonation application in Secularization Application No. 892/2023 (Jyoti Sharma Vs. Capri Global Limited), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of two months from the next date fixed before it, if there is no other legal impediment in this regard.

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It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of.

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Order Date :- 18.3.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Jyoti Sharma Thru. Power of Attorney Holder Mr. Sunil Kumar Verma v. Presidding Officer Debt. Recovery Tribunal Lko. and Another

Case brief

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Jyoti Sharma Thru. Power of Attorney Holder Mr. Sunil Kumar Verma v. Presidding Officer Debt. Recovery Tribunal Lko. and Another

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