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Allahabad High Court

M/S R.R. TRADERSversusPRESIDING OFFICER AND 5 OTHERS

Decided

Holding

The Court directed the Debts Recovery Tribunal to decide the stay‑vacation application within three months, without adjudicating the merits.

Summary

M/s R.R. Traders, an auction purchaser of a mortgaged property, filed a writ petition seeking a mandamus directing the Debts Recovery Tribunal (DRT), Allahabad, to decide a pending stay‑vacation application (I.A. No.4938/2026) in S.A. No. 662 of 2024. The petitioner argued that the delay in the DRT's decision was prejudicial to its interest as the original borrowers had defaulted on a bank loan. The Court examined whether it could issue a direction to the DRT to expedite the hearing without adjudicating the merits of the stay‑vacation application. Finding no merit‑based dispute before it and deeming that a procedural direction would serve the ends of justice, the Court ordered the DRT to decide the application within three months of receiving a certified copy of the order. The Court expressly clarified that it was not passing any substantive judgment on the stay‑vacation matter. Consequently, the petition was disposed of after the directions were given.

Issues considered

  • Whether the High Court can issue a mandamus directing the Debts Recovery Tribunal to decide a pending stay‑vacation application within a specified time frame.

Subjects

  • Mandamus
  • Debts Recovery Tribunal
  • stay vacation
  • mortgage
  • auction purchaser
  • expeditious disposal
  • High Court writ jurisdiction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 39951 of 2026

M/S R.R. Traders
                                                                   .....Petitioner(s)
                                       Versus

Presiding Officer And 5 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)            : Maneesh Mehrotra
Counsel for Respondent(s)            : Gyan Prakash Shrivastava, Krishna
                                       Mohan Asthana

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

1. Heard counsel for the petitioner and Shri Gyam Prakash Srivastava,
counsel appearing for the respondent nos. 2 and 3.

2. This petition has been filed with the following prayer:-

     "(i) To issue a suitable writ, order or direction in the nature of mandamus
     commanding the Debts Recovery Tribunal, Allahabad to decide the Stay
     Vacation Application (I.A. No.4938/2026) dated 27.07.2026 pending in
     S.A. No. 662 of 2024 (M/s Ila Industries and others-v- The Authorized
     Officer, Central Bank of India and another) within a specific period as
     fixed by this Hon'ble Court."

3. It is contended that the petitioner is an auction purchaser of the
mortgaged property of private-respondent nos. 4 ad 5, who had taken loan
from the bank and had defaulted in the repayment. A stay vacation
application is pending in S.A. No. 662 of 2024. The prayer is for
expeditious disposal of the same.

4. As no useful purpose would be served in keeping the matter pending or
calling for counter affidavit or issuing notice to the respondents, at this
admission stage, the Debts Recovery Tribunal, Allahabad is hereby
directed to proceed with the Stay Vacation Application (I.A.
No.4938/2026) dated 27.07.2026 pending consideration in S.A. No. 662
of 2024 and decide the same within a period of three months from the
date of production of certified copy of this order, in accordance with law,
                                                                                            WRIC No. 39951 of 2026
                                                                     2


                                    after hearing all affected parties.

                                    5. With the aforesaid directions, the petition stands disposed of.

                                    6. It is made clear that this Court has not adjudicated the matter on merits.



                                                                                    (Rohit Ranjan Agarwal,J.)
                                    October 1, 2026
                                    A. V. Singh




Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad


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