Disposed

Sri Ranvir Singh Bath v. Debts Recovery Tribunal Lko. Thru. Presiding Officer and Another

Allahabad HC24 Apr 2024/2002/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227 regarding SARFAESI Act proceedings and possession of property, the High Court directed the Debt Recovery Tribunal to expedite its decision on the petitioner's interim relief application and considered a temporary injunction if legal impediments prevented disposal.

What did the court decide?

Directed the Debt Recovery Tribunal to consider and pass appropriate orders on the interim relief application on the next fixed date.

Sri Ranvir Singh Bath Vs Debts Recovery Tribunal Lko… — Banking and Recovery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:32021

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 2002 of 2024

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Petitioner :- Sri Ranvir Singh Bath Respondent :- Debts Recovery Tribunal Lko. Thru. Presiding Officer And Another Counsel for Petitioner :- Gautam Kumar Counsel for Respondent :- Ashok Kumar Singh

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Hon'ble Alok Mathur,J.

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Heard Sri Gautam Kumar, learned counsel for the petitioner as well as Sri Ashok Kumar Singh for Indian Bank.

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It has been submitted on behalf of the petitioner that the petitioner had obtained loan from the respondent-bank for construction of house. As the petitioner had not paid the said amount, the respondent Bank proceeded to recover the outstanding amount from the petitioner and notices under Section 13(2) as well as 13 (4) of SARFAESI Act, 2002 were issued which was served upon him and possession of the property was also obtained by the respondent Bank. Aforesaid proceedings were challenged by the petitioner before Debts Recovery Tribunal (DRT in short) by filing Securitisation Application under Section 17 of SARFAESI Act and during pendency of the application of the petitioner the property of the petitioner was put to auction to realize the outstanding amount. The petitioner, thereafter, had moved Securitisation Application on 27th February, 2024 and the application for amendment has been allowed. It has also been submitted that during pendency of the application for interim relief the bank as well as auction purchaser are taking possession of the auctioned property which is with the Bank. It is further submitted that the case is being listed but no orders have been passed by the DRT. The interim relief application was moved by auction purchaser which is still pending consideration. In the circumstances, the present petition has been filed for a direction to the DRT that his application for interim relief may be decided expeditiously.

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Learned counsel for the respondents does not dispute aforesaid facts and submits that next date fixed in the case is 29th April, 2024.

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In light of the above, considering the fact that the property of the petitioner is liable to be handed over to auction purchaser, a case of limited interference is made out. As such, DRT, Lucknow-respondent No.1 is directed to consider and pass appropriate orders on the application for interim relief preferred

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by the petitioner on the next date fixed or on date fixed after the next date. It is further provided that in case application for interim relief cannot be disposed off due to certain legal impediments, it shall be open for the DRT to consider the application of the petitioner for grant of temporary injunction till disposal of the application of interim relief in accordance with law.

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In light of the above, the petition stand disposed of.

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(Alok Mathur, J.)

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Order Date :- 24.4.2024 RKM.

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Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Sri Ranvir Singh Bath v. Debts Recovery Tribunal Lko. Thru. Presiding Officer and Another

Case brief

What is this about?

What did the court decide?

Sri Ranvir Singh Bath v. Debts Recovery Tribunal Lko. Thru. Presiding Officer and Another

Case brief

What is this about?

What did the court decide?

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