Disposed

M/S Raj Exports Thru. Proprietor Mr. Raj Kumar(Borrower) and Another v. Capri Global Capital Ltd. Mumbai Having Branch Office,New Delhi Thru. Authorised Officer and 2 Ors.

Allahabad HC26 Sept 2024A227/4626/2024

Case brief

AI extract

What is this about?

Petitioner challenged recovery order via Article 227 petition. Court granted interim stay on coercive measures conditional on partial deposit by petitioners and allowed time for opposite party to file objections before adjudication.

What did the court decide?

Interim stay on coercive measures of the recovery order subject to deposit of Rs. 6,00,000/- and balance in installments; notice issued to respondent.

M/S Raj Exports Thru. Proprietor Mr. Raj… — Service and Employment | Allahabad HC (2024)

¶1

Court No. - 19

¶2

Case :- MATTERS UNDER ARTICLE 227 No. - 4626 of 2024

¶3

Petitioner :- M/S Raj Exports Thru. Proprietor Mr. Raj Kumar(Borrower) And Another Respondent :- Capri Global Capital Ltd. Mumbai Having Branch Office,New Delhi Thru. Authorised Officer And 2 Ors. Counsel for Petitioner :- Rohitash Kumar Singh Counsel for Respondent :- C.S.C.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

By means of the instant petition filed under Article 227 of the Constitution of India, the petitioners have prayed for issuance of a direction to the Debts Recovery Trivbunal, Lucknow for expeditious disposal of Securitisation Application No. 400 of 2024 and they have further prayed for stay / setting aside of the order dated 08.07.2024 passed by the Additional District Magistrate (Finance & Revenue), Ghaziabad in Case No. 1577 of 2024, whereby the petitioners have been directed to pay a sum of Rs. 23,66,493/- against two loans taken by them.

¶6

The learned counsel for the petitioners submits that the petitioners could not repay the loan timely because of problems faced due to spread of Covid-19 Pandemic. However, the petitioners are willing to repay the entire amount.

¶7

The learned counsel for the petitioners submits that there is a extreme urgency in the matter as the petitioners' property is scheduled to be auctioned tomorrow i.e. 27.07.2024. To establish their bona fide the petitioners will deposit 25% of the aforesaid amount i.e. Rs. 6,00,000/- within a week.

¶8

The matter requires consideration.

¶9

Issue notice to the opposite party no. 1 returnable at an early date.

¶10

The learned counsel for the petitioners shall take requisite steps in this regard within one week.

¶11

The opposite parties may file objection against the petition, if any, within three weeks.

¶12

List this case in the week commencing 04.11.2024.

¶13

Keeping in view the aforesaid facts, as an interim measure, it is provided that no coercive measures shall be taken in furtherance of the order dated 08.07.2024 passed by the Additional District Magistrate (Finance & Revenue) in Case No. 1577 of 2024 subject to the condition that the petitioners deposit Rs. 6,00,000/- before the Additional District Magistrate (Finance & Revenue), Ghaziabad within a week and the balance amount shall be deposited by them in three equal monthly installments.

¶14

Order Date :- 26.9.2024 Pradeep/-

¶15

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

M/S Raj Exports Thru. Proprietor Mr. Raj Kumar(Borrower) and Another v. Capri Global Capital Ltd. Mumbai Having Branch Office,New Delhi Thru. Authorised Officer and 2 Ors.

Case brief

What is this about?

What did the court decide?

M/S Raj Exports Thru. Proprietor Mr. Raj Kumar(Borrower) and Another v. Capri Global Capital Ltd. Mumbai Having Branch Office,New Delhi Thru. Authorised Officer and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Suhail Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Sundarpata Vs State of U.P. Thru. Prin. Secy. Home Lko

Gullu @ Vijay Bahadur Rajbhar Vs State of U.P. Thru. Secy. Home Lko.

Shivsewak vs State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Mobin Adees vs State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Sectt. Lko

Doctor Prashant Kumar Singh vs State of U.P. Thru. Prin. Secy. (Home) Lko.