Disposed

Mukesh Yadav v. Debt Recovery Tribunal, Lucknow Thru. Registrar and Another

Allahabad HC10 Jun 2024A227/2921/2024

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What is this about?

High Court disposed of a writ petition seeking directions from the Debt Recovery Tribunal to decide a pending interim relief application expeditiously before a scheduled e-auction to prevent irreparable harm to the petitioner.

What did the court decide?

Direction to respondent Tribunal to decide interim relief application expeditiously and preferably prior to e-auction scheduled on 15.06.2024.

Mukesh Yadav vs Debt Recovery Tribunal, Lucknow Thru… — Banking and Recovery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:42777

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 2921 of 2024 Petitioner :- Mukesh Yadav Respondent :- Debt Recovery Tribunal, Lucknow Thru. Registrar And Another Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Deepesh Kumar Yadav,Viswash,Zeba Maroof

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Counsel for Respondent :- Vinay Shankar

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Hon'ble Abdul Moin,J.

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Vakalatnama filed today by Shri Praveen Dwivedi, Advocate, on behalf of respondent no. 2 is taken on record.

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Heard learned counsel for the petitioner and Shri Praveen Dwivedi, learned counsel for the respondent no. 2.

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

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The instant petition has been filed praying for a direction to respondent no. 1 i.e. Debt Recovery Tribunal, Lucknow to dispose of interim relief application filed in S.A. No. 579 of 2021 after disposal of amendment application filed by the petitioner on 28.05.2024 expeditiously before the scheduled e- auction on 15.06.2024.

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The contention of learned counsel for the petitioner is that the petitioner has field S.A. No. 579 of 2021. Subsequent thereto during pendency of the said application an interim relief application has been filed after the respondents have thrice issued auction notices. With respect to the first and second auctions no bids were received and now a third auction notice has been issued by the respondent bank.

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The contention is that the e-auction is scheduled on 15.06.2024 and at the same time the application for interim relief filed by the petitioner is also pending for consideration and it is prayed

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that in case the said application for interim relief is not decided before the date fixed for the auction the petitioner shall suffer irreparable harm and injury.

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Considering that the e-auction is listed on 15.06.2024 and the interim relief application filed by the petitioner is still pending for consideration before the learned Tribunal the instant petition is disposed of with a direction to learned Tribunal to decide the interim relief application filed by the petitioner expeditiously and preferably prior to e-auction which is scheduled on 15.06.2024.

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It is open for the petitioner to file an expedite application before the learned Tribunal and the learned Tribunal shall proceed to consider the said application in accordance with law after hearing all the parties concerned.

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Order Date :- 10.6.2024 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Mukesh Yadav v. Debt Recovery Tribunal, Lucknow Thru. Registrar and Another

Case brief

What is this about?

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Mukesh Yadav v. Debt Recovery Tribunal, Lucknow Thru. Registrar and Another

Case brief

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