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2007 DIGILAW 1737 (ALL)

JUGAL STEELS PVT LTD v. CHAIRPERSON DEBTS RECOVERY APPELLATE TRIBUNAL ALLAHABAD

2007-06-21

S.P.MEHROTRA

body2007
S. P. MEHROTRA, J. The present Writ Petition under Article 226 of the Constitution of India has been filed, inter alia, praying for quashing the order dated 7-6-2007 passed by the Debts Recovery Appellate Tribunal, Allahabad. 2. It appears that during the pendency of TA No. 18 of 2003 before the Debts Recovery Tribunal, Lucknow, an application was filed on behalf of the petitioners, inter alia, seeking the following details/documents : (1) Date of receipt of the amount of Rs. 11. 91 lacs by the Bank through sale proceeds of the auction. (2) Fresh Statement of Accounts showing the balance due plus interest till date. (3) Copy of pari-passu agreement. 3. By the order dated 18-5-2007, the Debts Recovery Tribunal, Lucknow allowed the prayer in regard to the aforesaid Item No. 3. However, the Debts Recovery Tribunal, Lucknow rejected the prayer of the petitioners as regards Item Nos. 1 and 2, mentioned above. 4. Thereupon, the petitioners filed an Appeal before the Debts Recovery Appellate Tribunal, Allahabad. The said appeal was registered as R-826 of 2007. 5. By the order dated 7-6-2007, the Debts Recovery Appellate Tribunal, Allahabad dismissed the said appeal, filed by the petitioners. 6. Thereafter, the petitioners have filed the present Writ Petition seeking the reliefs mentioned above. 7. I have heard Shri Amit Negi, learned Counsel for the petitioners and Shri Tarun Verma, learned Counsel for the respondent No. 3, and perused the record. 8. Shri Tarun Verma, learned Counsel for the respondent No. 3 has fairly stated that in order to avoid further delay in the present case, the respondent No. 3 will, within a week from today, file before the Debts Recovery Tribunal, Lucknow the date of receipt of the amount of Rs. 11. 91 lacs by the Bank through sale proceeds of the auction (mentioned at Item No. 1 above) as well as the fresh Statements of Accounts (mentioned at Item No. 2 above ). 9. Shri Amit Negi, learned Counsel for the petitioners states that within fifteen days of the filing of the aforesaid details/documents by the respondent No. 3 before the Debts Recovery Tribunal, Lucknow, the petitioners will file their Written Statement in the said TA No. 18 of 2003. 10. 9. Shri Amit Negi, learned Counsel for the petitioners states that within fifteen days of the filing of the aforesaid details/documents by the respondent No. 3 before the Debts Recovery Tribunal, Lucknow, the petitioners will file their Written Statement in the said TA No. 18 of 2003. 10. In view of the statements made by the learned Counsel for the parties, the Writ Petition is disposed of, without going into the merits of the impugned orders, with the direction to the respondent No. 3 to file before the Debts Recovery Tribunal, Lucknow the aforesaid details/documents, mentioned at Item Nos. 1 and 2 above, within a week from today. 11. The petitioners will file their Written Statement within fifteen days of the filing of the said details/documents, mentioned at Item Nos. 1 and 2 above, by the respondent No. 3 before the Debts Recovery Tribunal, Lucknow. 12. With the aforesaid directions, the Writ Petition is disposed of finally. 13. Copy of this order will be provided to the learned Counsel for the parties on payment of usual charges within 24 hours. Petition dismissed. .