WPMS/355/2022
2022 Latest Caselaw 435 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
      ON THE 24TH DAY OF FEBRUARY, 2022
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

        Writ Petition (M/S) No. 355 of 2022
BETWEEN:
M/s Nagpal Traders a Registered
Partnership Firm                                           ...Petitioner
      (By Mr. Pooran Singh Rawat, Advocate)

AND:

Punjab National Bank and another                       ...Respondents
      (By Mr. Siddharth Jain, Advocate)


                           JUDGMENT

Petitioner is a borrower, who is facing recovery proceeding under SARFAESI Act, 2002. In this writ petition, petitioner has challenged a public notice issued by respondent no.2 informing public at large that physical possession of the secured assets has been taken on 29.01.2022.

2. Learned counsel for the petitioner submits that petitioner has approached Debts Recovery Tribunal, Dehradun in November, 2020 by filing Securitization Application No. 107 of 2020, in which respondent-Bank has also filed its reply, however due to vacancy on the post of Presiding Officer; Debts Recovery Tribunal is non- functional these days, therefore, petitioner has approached this Court for protection.

3. Mr. Siddharth Jain, Advocate for the respondents submits that writ petition is

premature as only physical possession of the secured asset has been taken and auction notice has not been issued as of now. He further submits that the order passed under Section 14 of SARFAESI Act, 2002 has not been challenged by the petitioner before any forum.

4. Be that as it may, it is a fact that Debts Recovery Tribunal, Dehradun is non-functional due to unavailability of Presiding Officer. A litigant may not be permitted to suffer on account of vacancy in a judicial/quasi-judicial forum. In such view of the matter, petitioner is entitled to a limited protection, in the peculiar facts of the case.

5. Accordingly, writ petition is disposed of by providing that for a period of six weeks or till appointment of Presiding Officer in Debts Recovery Tribunal, Dehradun, whichever is earlier, proceedings for auction sale of the secured asset may continue, however the sale, if made, shall not be confirmed.

(MANOJ KUMAR TIWARI, J.) Shubham