WPMS/2425/2021
2021 Latest Caselaw 4678 UK

     IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
      ON THE 22ND DAY OF NOVEMBER, 2021
                               BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2425 of 2021
BETWEEN:
Dharamveer Singh and another                              ...Petitioners
      (Mr. Sachin, Advocate)

AND:

State of Uttarakhand and others                       ...Respondents
      (Mr. Pradeep Hairiya, Standing Counsel for the State/respondent nos.
      1 to 4 and Mr. Siddhartha Sah, Advocate for respondent no.5)

                          JUDGMENT

Petitioner took a loan of ` 37,00,000/- from Syndicate Bank, Branch Mayapur (Devpura), District Haridwar (now Canara Bank). Since petitioner defaulted in repayment of the loan, therefore, proceedings for recovery of the outstanding amount were initiated against him.

2. By mean of this writ petition, petitioner has challenged the order passed by District Magistrate, Haridwar under Section 14 (2) of SARFAESI Act, 2002.

3. Learned counsel for the petitioner submits that term of Presiding Officer of Debt Recovery Tribunal, Dehradun had expired several weeks ago and new incumbent is yet to join in his place, therefore, petitioner is not in a position to seek protection from Debt Recovery Tribunal,

Dehradun by filing application under Section 17 of SARFAESI Act, 2002.

4. Learned counsel for respondent no.5 concedes that submission made by petitioner's counsel is correct to the extent that Debt Recovery Tribunal, Dehradun is not functional due to non- availability of Presiding Officer. He further submits that new incumbent is likely to be appointed very soon.

5. In such view of the matter, writ petition is disposed of with liberty to petitioner to approach Debt Recovery Tribunal, Dehradun by filing an application under Section 17 of SARFAESI Act, 2002 within a period of two weeks from today. For a period of four weeks from today, no coercive measures shall be adopted against the petitioner.

6. Let a certified copy of this order be issued within a period of 24 hours, on payment of usual charges.

(MANOJ KUMAR TIWARI, J.) Shubham