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8. In the meantime SGS Constructions had paid stamp duty and got the agreement registered. On 25.9.2013 High Court of Allahabad had passed an order in W.P. No.11669/2011 and directed status quo to be maintained with respect to 21 acres of property which was obtained in exchange by the Trust from Avas Parishad. It was also clarified that the order passed by the High Court shall not affect interim order passed by the arbitrator directing maintenance of status quo. In the special leave petition which was preferred before this Court for quashing the said order dated 25.9.2013 this Court decided C.A. Nos.4494-96/2015. This Court noted that by the time of proceedings for recovery of debt, the amount had amassed to more than Rs.433 crores under the SARFAESI Act. It was also noted that prayer had been made by SGS Constructions that properties Nos.1 to 5 be sold and not to sell property No.6 which was subject matter of agreement. As the matter was pending before DRT at Delhi, this Court opined that it was not for the High Court Bench at Lucknow to declare the property as unencumbered and to direct demarcation of 21 acres of land as unencumbered property as this question was required to be decided by DRT where the objections of SGS Constructions were pending. Nor High Court could have decided question of accession under section 70 of the Transfer of Property Act (for short “TP Act”) in writ jurisdiction. This Court also did not decide the said question and set aside the order passed by Lucknow Bench of the High Court of Allahabad on the ground that the matter which was pending at DRT, Delhi could not have been agitated before Lucknow Bench. As the property was situated at Ghaziabad, Lucknow Bench had no territorial jurisdiction to entertain the writ petition, this Court held that order passed by the High Court was required to be set aside as no cause of action had arisen at Lucknow. This Court also did not comment on the validity of registration of agreement as writ petition (C) No.38596/2013 in this regard was pending before High Court of Allahabad, and it would be for High Court to adjudicate upon aforesaid questions. It is apparent that this Court did not decide the various questions on merits and the order of Lucknow Bench was set aside on the ground for want of territorial jurisdiction only. No doubt about it that this Court commented adversely upon the attempt to get questions adjudicated by the High Court which were required to be dealt with in SARFAESI proceedings.

13. The Educational Trust in appeal has urged that SGS Constructions has no right on the basis of agreement to sale dated 26.8.2010 and the property has been mortgaged to HUDCO. Agreement-holder cannot raise any objection. Item No.6 of property should be sold first for recovery of dues of HUDCO. High Court has erred in setting aside orders dated 1.7.2015, 10.7.2015 and 20.7.2015 passed by Recovery Officer, DRT and DRAT respectively. By setting aside orders the High Court has protracted the process and prolonged the recovery process. High Court has erroneously held that under section 17 of SARFAESI Act there is automatic protection against sale of property No.6. On the basis of registered agreement no right could accrue to SGS Constructions and unilateral registration has been questioned in a writ petition pending before the High Court of Allahabad. Right of HUDCO is paramount. SGS Constructions cannot be permitted to contend that property No.6 is agricultural land. SGS Constructions had no locus to sustain its objections. Futile writ petition was filed before Lucknow Bench, order passed in which was set aside by this Court. The combined value of the properties items 1 to 6 of appellant is approximately Rs.1000 crores and SGS Constructions had offered a mere sum of Rs.400 crores under the garb of clearing the dues of Educational Trust owed to HUDCO. The fetter has been imposed by the High Court by impugned order. SGS Constructions is trying to unsettle and dislodge the livelihood of various individuals who are attached to running of medical college, dental college and hospitals at property Nos.1 to 5 and attempting to create hurdles in education process of three thousand students getting education in medical college, dental college and hospital. There are 700 employees working in institutions running for the last 22 years. The Educational Trust is suffering interest approximately Rs.2 crores per month. It would be in the interest of public money that recovery proceedings take place at an early date. Value of property No.6 is approximately Rs.776 crores. That should be first put to public auction to derive its best value.

16. It was submitted on behalf of Trust that this Court has also commented adversely on filing of petition before the Lucknow Bench by SGS Constructions the order passed was held to be without jurisdiction. Agreement was not duly stamped and registered as required in State of U.P. It was stamped and got registered unilaterally. Its registration has been questioned before High Court of Allahabad. Thus on the basis of such agreement no right accrued to SGS Constructions. The amount of Rs.9 crores had been paid under the agreement. The Trust is ready to refund a sum of Rs.27 crores to it as such this Court should direct sale of property item No.6 so as to satisfy dues of HUDCO.

18. It was submitted on behalf of HUDCO that proceedings are collusive between SGS Constructions as well as the Educational Trust. Nobody intends to pay public money and HUDCO be permitted to sell property, in particular item No.6 so as to realize the dues.

19. When the matter came to this Court on earlier occasion this Court had set aside the order passed by Lucknow Bench of Allahabad High Court on the ground that it had no territorial jurisdiction to entertain the writ application with respect to matter of DRT at Delhi and property situated at Ghaziabad, as such the main seat at Allahabad could have entertained the petition. It could not have been entertained by Lucknow Bench of said High Court for want of territorial jurisdiction. This Court did not decide the question as to accession under section 70 and left it open for DRT and attempt which was made by SGS Constructions to demarcate 21 acres of land as unencumbered property was also set aside on the ground of territorial jurisdiction and that this was the matter to be decided not by High Court but it was required to be decided in the proceedings of the DRT.