WPMS/2709/2021
2021 Latest Caselaw 5171 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
      ON THE 15TH DAY OF DECEMBER, 2021
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 2709 of 2021


BETWEEN:
Shri Deepankar Sharma.                                    ...Petitioner
      (By Ms. Prabha Naithani, Advocate)

AND:

Debts Recovery Tribunal,
Dehradun and another                                 ...Respondents
      (There is no representation for the respondents)


                           JUDGMENT

Petitioner took a loan from Indian Bank, 36-A, New Mandi Branch, Muzaffarnagar, Uttar Pradesh.

2. Petitioner is aggrieved by e-auction notice dated 12.11.2021 issued by Authorized Officer of the bank, whereby the immovable secured asset mortgaged with the bank, has been offered for sale through e-auction to be held on 17.12.2021.

3. It is contended on behalf of petitioner that petitioner has approached Debts Recovery Tribunal, Dehradun, but, the same is not functioning for want of a Presiding Officer, therefore, petitioner is entitled for protection from this Court.

4. Since the entire cause of action has arisen within State of U.P. and no order passed by Debts Recovery Tribunal, Dehradun has been put to challenge, in this writ petition, therefore, in the humble opinion of this Court, this Court lacks territorial jurisdiction to grant the reliefs, as prayed for, in the writ petition.

5. Accordingly, writ petition is dismissed.

(MANOJ KUMAR TIWARI, J.) Navin