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Allahabad High Court

SMT. INDU DEVI AND 2 OTHERSversusPRESIDING OFFICER DEBT RECOVERY TRIBUNAL ALLAHABAD AND 2 OTHERS

Decided

Holding

The High Court directed the Debt Recovery Tribunal to decide the stay application within two weeks and to endeavour to dispose of the securitisation application within six months, without adjudicating the merits.

Summary

The petitioners filed a writ petition before the Allahabad High Court seeking a mandamus directing the Presiding Officer of the Debt Recovery Tribunal (DRT) to decide a pending stay application (I.A. No. 2045 of 2026) and the underlying securitisation application (No. 625 of 2025) on an expedited basis. The petition arose from the petitioners' claim that the DRT had unduly delayed consideration of the stay application, causing prejudice. The Court examined whether it could issue a direction under its supervisory jurisdiction to compel the DRT to act within a specific time frame without deciding the merits of the underlying dispute. Finding that no substantive merits needed to be addressed and that a direction would serve the ends of justice, the Court ordered the DRT to decide the stay application within two weeks of receipt of the certified copy of the order and to endeavour to dispose of the securitisation application within six months. The Court expressly noted that it was not passing any judgment on the merits of the parties' claims. Consequently, the writ petition was disposed of with the stipulated directions.

Issues considered

  • Whether the High Court can issue a mandamus directing the Debt Recovery Tribunal to decide a pending stay application expeditiously.
  • Whether such a direction is permissible without adjudicating the merits of the underlying securitisation dispute.

Subjects

  • writ of mandamus
  • Debt Recovery Tribunal
  • stay application
  • securitisation
  • expeditious disposal
  • high court jurisdiction
  • civil procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 35994 of 2026

Smt. Indu Devi And 2 Others
                                                                    .....Petitioner(s)
                                       Versus

Presiding Officer Debt Recovery Tribunal
Allahabad And 2 Others                                            .....Respondent(s)

Counsel for Petitioner(s)          : Abhishek Singh, Anurag Rai, Anurag
                                     Tiwari
Counsel for Respondent(s)          : Ashok Kumar Singh

Court No. - 9
                HON'BLE ROHIT RANJAN AGARWAL, J.

1. This writ petition has been filed with the following prayers:-

     "i. issue a writ, order or direction in the nature of Mandamus directing
     the Learned Presiding Officer, Debt Recovery Tribunal, Allahabad to
     consider and decide the Stay Application I.A. No. 2045 of 2026 filed in
     Securitisation Application No. 625 of 2025 (Indu Devi Vs. Bank of India
     and Another), expeditiously and in accordance with law;

     ii. issue a further writ, order or direction directing the Learned Presiding
     Officer, Debt Recovery Tribunal, Allahabad to decide Securitisation
     Application No. 625 of 2025 (Indu Devi Vs. Bank of India and Another)
     expeditiously, preferably within a time-bound period;

2. The petitioners had filed Securitization Application No.625 of 2025. In
the said case, a stay application has also been filed which is pending
consideration. The prayer made in the writ petition is for deciding the said
stay application as well as securitization application, expeditiously.

3. As no useful purpose would be served in keeping the matter pending, or
calling for counter affidavit or issuing notice to private respondent, at this
stage, the writ petition is being disposed of with a direction upon Debts
Recovery Tribunal, Allahabad to consider and decide the stay application, in
accordance with law, preferably within a period of two weeks from the date
of production of certified copy of this order. After deciding the stay
                                                                                              WRIC No. 35994 of 2026
                                                                     2


                                    application, Debts Recovery Tribunal, Allahabad shall make every
                                    endeavour to decide the Securitization Application No.625 of 2025 within a
                                    period of next six months.

                                    4. With the aforesaid direction, present writ petition stands disposed of.

                                    5. It is made clear that this Court has not adjudicated the case on merit.



                                                                                      (Rohit Ranjan Agarwal,J.)
                                    September 9, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad


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