M/S Sushma Devi Wooden Block Maker vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

M/S Sushma Devi Wooden Block Maker vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Debts Recovery Tribunal, Allahabad to decide Securitization Application No.724 of 2023 (M/S Sushma Devi Wooden Block maker Vs. Punjab National Bank, Farrukhabad & Others) after hearing all concerned parties, strictly in accordance with law, expeditiously, preferably within four months from production of a certified copy of the order; the second prayer (restraint on forceful possession) was not granted.

Issue for consideration

Whether a writ of mandamus should issue directing the Debts Recovery Tribunal, Allahabad to decide Securitization Application No.724 of 2023 expeditiously, and whether the respondents should be restrained from taking forceful possession of the premises till its disposal.

Court's answer

The Tribunal concerned was directed to decide the pending Securitization Application No.724 of 2023 after hearing all concerned parties, strictly in accordance with law, expeditiously, preferably within four months from the date of production of a certified copy of the order.

Ratio / Principle

Since no useful purpose would be served in keeping the matter pending, the writ petition was disposed of at the admission stage without calling for a counter affidavit or issuing notice to the private respondent.

Key takeaways

The Court expressly clarified that it had not adjudicated the case on merits.obiter¶12

Detailed headnote1 paragraphs

Allahabad High Court (Rohit Ranjan Agarwal, J.) disposed of Writ - C No. 3656 of 2025 (M/S Sushma Devi Wooden Block Maker v. State of U.P. and 3 others) at the admission stage, without calling for a counter affidavit or issuing notice to the private respondent, holding that no useful purpose would be served in keeping the matter pending. The Debts Recovery Tribunal, Allahabad was directed to decide Securitization Application No.724 of 2023 (M/S Sushma Devi Wooden Block maker Vs. Punjab National Bank, Farrukhabad & Others) after hearing all concerned parties, strictly in accordance with law, expeditiously, preferably within four months from the date of production of a certified copy of the order. The Court expressly made clear that it had not adjudicated the case on merits. Neutral Citation: 2025:AHC:18849.

Neutral Citation No. - 2025:AHC:18849

Court No. - 9

Case :- WRIT - C No. - 3656 of 2025

Petitioner :- M/S Sushma Devi Wooden Block Maker Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Patel Counsel for Respondent :- C.S.C.,Sanjai Singh

Hon'ble Rohit Ranjan Agarwal,J.

This writ petition has been filed with the following prayer:-

"(a) Issue a writ, order or direction in the nature of MANDAMUS directing the Debts Recovery Tribunal, Allahabad to decide the Securitization Application No.724 of 2023 (M/S Sushma Devi Wooden Block maker Vs. Punjab National Bank, Farrukhabad & Others) within some specific period expeditiously as may be fixed by this Hon'ble Court.

(b) Issue a writ, order or direction in the nature of MANDAMUS directing the respondents-Authorities not to take forceful possession of the premises from the petitioner till the disposal of the Securitization Application No.724 of 2023 (M/S Sushma Devi Wooden Block maker Vs. Punjab National Bank, Farrukhabad & Others) pending before the Debts Recovery Tribunal, Allahabad."

It is contended by learned counsel for the petitioner that Securitization Application No.724 of 2023 (M/S Sushma Devi Wooden Block maker Vs. Punjab National Bank, Farrukhabad & Others) is pending consideration before Debts Recovery Tribunal, Allahabad. The sole prayer made is for expeditious disposal of the the said application.

As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondent, the matter is being disposed of, at the admission stage, with a direction upon Tribunal concerned to decide the pending Securitization Application No.724 of 2023 (M/S Sushma Devi Wooden Block maker Vs. Punjab National Bank, Farrukhabad & Others) after hearing all the concerned parties, strictly in accordance with law, expeditiously, preferably within a period of four months from the date of production of certified copy of this order.

With the aforesaid direction, present writ petition stands disposed of.

It is made clear that this Court has not adjudicated the case on merits.

Order Date :- 10.2.2025 V.S.Singh

Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad