Uttarakhand High Court
Unknown vs Punjab National Bank And Others on 9 October, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No.2867 of 2025
Mukesh Sangal
--Petitioner
Versus
Punjab National Bank and others
--Respondents
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Presence:-
Mr. Siddhartha Sah, learned counsel for the petitioner.
Mr. Ashish Joshi, learned counsel for respondent no.1-Bank.
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Hon'ble Pankaj Purohit, J.
This petition has been filed by the petitioner
for a direction to the Debts Recovery Appellate Tribunal
at Allahabad to expedite the proceedings of Appeal Diary
No.2003/2024 'Mukesh Sangal v. Punjab National Bank
and others' within a period of two months or such
earliest period which this Court may direct.
2. It is contended by learned Counsel for the
petitioner that the petitioner is an auction purchaser in
an auction made by the Recovery Officer of the Debts
Recovery Tribunal (DRT) Dehradun. In DRT, Dehradun
the said auction was put to challenge by the private
respondents which was registered as Appeal against
Order No.05 of 2024 'Razia Tak and others v. Recovery
Officer-II and another'. The aforesaid appeal from order
was allowed by DRT Dehradun vide judgment dated
17.10.2024. The petitioner-auction purchaser
challenged the said order dated 17.10.2024 before the
Debts Recovery Appellate Tribunal at Allahabad by filing
an appeal on 24.12.2004 which was registered as
Appeal Diary No.2003/2024 'Mukesh Sangal v. Punjab
National Bank and others'.
3. It is the plight of petitioner that the said
appeal is still pending disposal despite the statutory
mandate contained in Section 20(6) of the Recovery Of
Debts And Bankruptcy Act, 1993 which provides that
such an appeal shall be disposed of finally within a
period of six months from the date of receipt of appeal.
4. Section 20(6) of the aforesaid Act is quoted
hereinbelow: -
"20. Appeal to the Appellate Tribunal.-- .................
(1) ............................................
(2) ............................................
(3) ............................................
(4) ............................................
(5) ............................................
(6) The appeal filed before the Appellate Tribunal
under sub-section (1) shall be dealt with by it as
expeditiously as possible and endeavour shall be
made by it to dispose of the appeal finally within six
months from the date of receipt of the appeal."
5. In view of the aforesaid facts, this Court is of
the view that it is apparent from the record that the
appeal is pending since 24.12.2024, and therefore, such
a direction for expeditious hearing and decision of the
appeal can be given by this Court.
6. Accordingly, the writ petition is allowed. The
Debts Recovery Appellate Tribunal at Allahabad is
directed to decide the Appeal Diary No.2003/2024
'Mukesh Sangal v. Punjab National Bank and others'
expeditiously but not later than three months from the
date of production of a certified copy of this order.
(Pankaj Purohit, J.)
09.10.2025
Rdang
