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2024 Supreme(All) 587

JASPREET SINGH, MANISH MATHUR
Ram Pal Soni – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Finance – Respondent


Advocates Appeared:
For the Petitioner: Ambika Prasad Mishra
For the Respondent: C.S.C.,Anand Kumar Singh,Gyanendra Mishra

JUDGMENT :

Manish Mathur, J.

1. Heard Mr. Ambika Prasad Mishra learned learned counsel for petitioners, Mr. Dileep Kumar Tiwari learned State Counsel for opposite party No.1, Mr. Anand Kumar Singh learned counsel for opp. parties 3 and 4 and Mr. Gyanendra Mishra learned counsel for opp. party No.5. Notice to opp. party No.2 stands dispensed with.

2. This reference has been made by Hon'ble the Chief Justice vide order dated 23rd April, 2022 and subsequently to this Bench vide order dated 18th May, 2023 in pursuance of questions referred by Hon'ble Single Judge vide order dated 29th September, 2021 passed in Writ C No. 13556 of 2021.

3. The questions framed and referred by the Hon'ble Single Judge are as follows:-

    "(A) Whether in a case where part of cause of action to maintain an application under Section 17(1) of the SARFAESI Act, arises within the limits of territorial jurisdiction of Debts Recovery Tribunal, Lucknow, the Debts Recovery Tribunal, Lucknow will have the jurisdiction, power and authority to entertain and decide such application in view of Sub section (1-A) of Section 17 of the SARFAESI Act or not ?

    (B) Whether Section 3 of the Recoveries of Debts Due to Banks and Financial

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