M/S Lko. Chikan Thru. Its Prop. Mohd. ... vs Debts Recovery Tribunal Lko. And ...
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Allahabad High Court

M/S Lko. Chikan Thru. Its Prop. Mohd. ... vs Debts Recovery Tribunal Lko. And ... on 30 May, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:40970
 
Court No. - 17
 

 
Case :- WRIT - C No. - 4905 of 2024
 

 
Petitioner :- M/S Lko. Chikan Thru. Its Prop. Mohd. Saeed, And Another
 
Respondent :- Debts Recovery Tribunal Lko. And Another
 
Counsel for Petitioner :- Anwar Ashfaq
 
Counsel for Respondent :- Vinay Shankar
 

 
Hon'ble Manish Mathur,J.
 

1. Heard learned counsel for petitioners and Mr. Alok Saxena, learned counsel for opposite party no.2 whose power filed today in Court is taken on record.

2. Opposite party no.1 being merely proforma in nature, notices are dispensed with.

3. Petition has been filed challenging order dated 23.04.2024 passed by Debt Recovery Tribunal, Lucknow in Securitization Application No.226 of 2024. Also under challenge is the demand notice dated 02.06.2021 issued by the Bank under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement to Security Interest Act, 2002. It has also been prayed that the bank should be restrained from dispossessing petitioner from property in question.

4. Learned counsel for opposite party no.2 has raised a preliminary objection regarding maintainability of this petition from orders passed by Debt Recovery Tribunal citing judgment passed by Hon'ble the Supreme Court in the case of United Bank of India versus Satyawati Tandon & Ors. reported in (2010) 8 SCC 110 as follow subsequently in the case of Kanaiyalal Lalchand Sachdev & Ors. versus State of Maharashtra & Ors. reported in (2011)2 SCC 782.

5. In view of aforesaid judgments rendered by Hon'ble the Supreme Court, learned counsel for petitioners is granted liberty to approach the appropriate forum in terms of judgment rendered by Hon'ble the Supreme Court.

6. With the aforesaid directions, petition is consigned to record.

Order Date :- 30.5.2024

Subodh/-