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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
SUBHASH VIDYARTHI
Dinesh Kumar Jindal – Appellant
Versus
Debt Recovery Tribunal Lko. Thru. Its Registrar – Respondent
| Table of Content |
|---|
| 1. petitioner challenges drt notice issued by registrar. (Para 2 , 3 , 4) |
| 2. jurisdiction issues regarding registrar's authority raised. (Para 6 , 7 , 9) |
| 3. registrar has power to issue notice in s.a. (Para 11 , 12 , 13) |
| 4. supreme court criteria for article 227 jurisdiction outlined. (Para 17 , 18 , 19) |
| 5. petition dismissed; counsel should avoid frivolous submissions. (Para 21 , 22 , 23) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Suryansh Kumar Arora Advocate, the learned counsel for the petitioner.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged a notice dated 11.11.2025 issued by the Registrar, Debts Recovery Tribunal, Lucknow (which will hereinafter be referred to as ‘the DRT’) in Securitisation Application No. 1144 of 2025. The notice reads as follows: -
"Whereas, in the above said case, the applicant has filed an application under Section 17 SARFAESI Act, 2002, Copy of the S.A. is enclosed herewith.
Take notice that you are hereby required to appear before the learned Registrar of the Tribunal, on 17th Day of November, 2025 at 10:30 A.M. in the forenoon in person or by a pleader/ advocate to sho
The Registrar of Debt Recovery Tribunal has jurisdiction to issue notices in Securitisation Applications, and procedural delays do not constitute grounds for intervention under Article 227 without su....
The District Magistrate can correct typographical errors in orders under the SARFAESI Act without that being a review; appeals must be filed under Section 18 if available.
Subsection 3 of Section 13 makes it clear that a notice under Subsection 2 shall give details of the amount payable by the borrower. If Ms.Lodha’s submission were to be accepted, then the word “shall....
Alternative remedy is not an absolute bar on maintainability of a writ petition under Article 226 of Constitution of India, where DRT has exceeded in exercising its jurisdiction.
Right of redemption under SARFAESI Act extinguishes on publication of auction notice; DRT cannot thereafter set aside auction and permit effective redemption, rendering such order without jurisdictio....
The High Court's jurisdiction under Article 227 is supervisory, not appellate; it can't correct mere errors by subordinate courts unless there is a serious dereliction of duty or failure of justice.
Point of Law : There is no repugnancy nor inconsistency between the two remedies under the RDB Act and the Securitisation Act, the Supreme Court observed that “Together they constitute one remedy and....
A notice addressed to deceased persons under the SARFAESI Act is void, and petitioners who pursued statutory remedies cannot invoke writ jurisdiction without exhausting available appellate options.
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