WPMS/2862/2021
2021 Latest Caselaw 5425 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
       ON THE 30TH DAY OF DECEMBER, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2862 of 2021
BETWEEN:
Veena Devi                                                 ...Petitioner
      (By Mr. Nagesh Aggarwal, Advocate)

AND:

Canara Bank and another                               ...Respondents
      (By Mr. Ashutosh Thakral, Advocate for the respondents.)


                          JUDGMENT

Son of the petitioner took a loan from Canara Bank, but unfortunately, he passed-away in the month of February, 2021 and now, the lending Bank has initiated recovery proceedings by invoking provision of SARFAESI Act, 2002. Thus, feeling aggrieved, petitioner has approached this Court.

2. Learned counsel for the petitioner submits that petitioner is a widow, aged more than 61 years, and she had no idea that her son had taken loan. He further submits that petitioner had moved a securitization application in the month of November, 2021, which is numbered as SA No. 162 of 2021 before Debts Recovery Tribunal, Dehradun. He further submits that Debts Recovery Tribunal, Dehradun is lying vacant and officiating charge has been given to Presiding Officer, Lucknow, however the said Presiding Officer is on

leave from 22.12.2021 till 31.12.2021. Learned counsel further submits that lending bank has put the secured assets of the petitioner for auction sale, which is scheduled to be held on 31.12.2021. He further submits that limited protection be given to the petitioner till consideration of the interim relief application by Debts Recovery Tribunal, Dehradun.

3. Having regard to the fact that petitioner's securitization application is pending, in which next date fixed is 10.01.2022, the writ petition is disposed of with a request to Debts Recovery Tribunal, Dehradun to consider petitioner's interim relief application, on the next date fixed i.e., 10.01.2022. Till 10.01.2022, the auction sale of the secured assets of the petitioner, if made, shall not be confirmed.

4. It is made clear that Debts Recovery Tribunal, Dehradun shall consider petitioner's interim relief application untrammelled by any observation made in this order.

5. Let a certified copy of the order be supplied to the learned counsel for the parties today itself.

(MANOJ KUMAR TIWARI, J.) Shubham