Disposed

Mr. Ravi Kumar Sharma and Another v. U.O.I. Ministry of Finance Deptt. of Financial Services Thru. Its Secy. New Delhi and Others

Allahabad HC11 Jun 2024/2852/2024

Case brief

AI extract

What is this about?

Using Article 227 powers, the Court disposed of a petition seeking directions to the Debts Recovery Tribunal to expeditiously decide a pending interim relief application under Section 17 of the SARFAESI Act, removed by lawyer strikes.

What did the court decide?

Directing the Debts Recovery Tribunal to decide the pending interim relief application in Securitization Application No.314 of 2024 on the date fixed or within six weeks.

Mr. Ravi Kumar Sharma and Another Vs U.O.I. Ministry… — Banking and Recovery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:42881

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 2852 of 2024

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Petitioner :- Mr. Ravi Kumar Sharma And Another Respondent :- U.O.I. Ministry Of Finance Deptt. Of Financial Services Thru. Its Secy. New Delhi And Others Counsel for Petitioner :- Gaurav Gupta Counsel for Respondent :- A.S.G.I.,Alok Saxena

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Hon'ble Abdul Moin,J.

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Vakalatnama filed by Shri Ambrish Rai, Advocate on behalf of respondents No.1 & 2 is taken on record.

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Heard Ms. Jyoti Rajput, learned counsel appearing on behalf of the petitioners, Shri S.B. Pandey, learned Senior Advocate assisted by Shri Ambrish Rai, learned counsel for the respondents No.1 & 2 and Shri Alok Saxena, learned counsel appearing on behalf of respondent No.3.

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No notice be issued to respondent no.4 taking in view of consideration of nature of order proposed to be passed.

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With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of.

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The instant petition has been filed praying for issuance of a direction to the learned Debts Recovery Tribunal Lucknow to expeditiously decide the interim relief application in Securitization Application No.314 of 2024 filed under Section 17 of SARFESI Act in Re: Ravi Kumar Sharma and Another Vs. Indian Bank, pending before the learned Tribunal.

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It is contended that although the application for interim relief is pending but the same could not be decided on account of the Advocates having gone on strike in the learned Tribunal.

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This Court, vide order dated 04.06.2024, has required the learned Assistant Solicitor General of India to seek instructions in the matter and as to the steps which have been taken by the respondent No.2 / Debts Recovery Tribunal Lucknow for smooth functioning of the court proceedings.

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Today, Shri S.B. Pandey, learned Senior Advocate informs that the learned Presiding Officer has passed an order dated 10.06.2024 in which he has noted the difficulties which have

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been faced by him on account of the non co-operation of the lawyers but has also indicated that the court has resumed its functioning. The letter sent by the learned Presiding Officer dated 10.06.2024 is taken on record.

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Considering the aforesaid letter sent by learned Presiding Officer dated 10.06.2024 that the learned Tribunal has resumed its functioning and the application for interim relief is pending before the learned Tribunal, the instant petition is disposed of with a direction to the learned Tribunal to decided the interim relief application filed by the petitioners in Securitization Application No.314 of 2024 either on the date fixed or within next six weeks after hearing all the parties concerned and in accordance with law provided there is no legal impediment.

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Order Date :- 11.6.2024 S. Shivhare

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Mr. Ravi Kumar Sharma and Another v. U.O.I. Ministry of Finance Deptt. of Financial Services Thru. Its Secy. New Delhi and Others

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Mr. Ravi Kumar Sharma and Another v. U.O.I. Ministry of Finance Deptt. of Financial Services Thru. Its Secy. New Delhi and Others

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