WPMS/380/2022
2022 Latest Caselaw 500 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
           ON THE 3RD MARCH DAY OF, 2022
                           BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 380 of 2022
BETWEEN:

Anil Singh                                ... Petitioner
     (By Mr. R.S. Rawat, Advocate)

AND:

Uttarakhand State Co-operative
Bank Ltd.                                 ... Respondent

     (Mr. Siddharth Jain, Advocate)


                          JUDGMENT

1. Petitioner is a borrower, who is facing recovery proceeding under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Thus, feeling aggrieved, petitioner has approached this Court seeking following relief:-

(i) issue a writ, order or direction in the nature of certiorari quashing the impugned information dated 18.02.2022 issued by respondent bank against the petitioner (Annexure No. 3 to the writ petition).

(ii) issue a writ, order or direction in the nature of mandamus commanding/directing the respondent bank not to take any coercive steps against the petitioner in the garb of the impugned information dated 18.02.2022

to this writ petition).

(iii) issue a writ, order or direction in the nature of mandamus commanding/directing the

respondents to make any installments of home loan amount of the petitioner.

2. Mr. Siddhartha Jain, learned counsel appearing for respondent bank submits that petitioner had earlier filed two writ petitions for the same relief, namely, WPMS No. 2266 of 2021 and WPMS No. 237 of 2022 and this is the third writ petition against recovery proceedings. He further submits that petitioner has fraudulently executed an "agreement to sell" in favour of one Smt. Usha Devi and handed-over physical possession of the secured asset to Smt. Usha Devi, which amounts to fraud upon the lending bank. He further submits that factum of sale of secured asset has been suppressed in the writ petition, therefore, petitioner is not entitled to any relief.

3. Having regard to the disclosure made by learned counsel for the Bank, this Court is not inclined to grant any relief to the petitioner in this writ petition.

4. Accordingly, writ petition fails and is hereby dismissed. No order as to costs.

(Manoj Kumar Tiwari, J.) Aswal