Fly Express Logistics Pvt. Ltd. & ... vs Presiding Officer
2022 Latest Caselaw 3296 UK

     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL
     Writ Petition (M/S) No. 1973 of 2022

Fly Express Logistics Pvt. Ltd. & Others
                                    ... Petitioners

                                Versus

Presiding Officer, DRT, Dehradun
And Others                     ... Respondents

     Mr. M.C. Pant, Mr. Rakshit Joshi and Mr. Ram Kishan
     Dubey, Counsel for the petitioners.
     Mr. Ashish Joshi, Counsel for the respondent no. 2.
     Mr. Mukesh Kaparwan, Standing Counsel for Union of
     India/respondent no. 3.



                                 Judgment reserved on: 23.8.2022
                                 Judgment delivered on:11.10.2022


Hon'ble Manoj Kumar Tiwari, J.

Petitioners have challenged an interim order dated 22.7.2022 passed by Debt Recovery Tribunal, Dehradun in S.A. No. 67 of 2022, filed by them. By the impugned order, learned Tribunal granted protection to petitioners against coercive action by the bank, subject to deposit of rupees fifty lakhs by them within 30 days. The condition imposed by learned Tribunal in the impugned order is challenged in this writ petition.

This Court is not inclined to interfere with the interim order passed by learned Tribunal. Learned Counsel for the petitioners contended that petitioners are entitled to benefit of a scheme introduced by Government of India and this aspect has been completely overlooked by learned Tribunal while passing the impugned order.

The question raised by petitioners that they are entitled to benefit of a particular scheme is a question, which is to be decided by learned Tribunal in their Securitization Application. While granting protection to the applicant, learned Tribunal can impose some condition, which is deemed necessary in the facts and circumstances of the case. Thus, there is no scope for interference in the matter.

Accordingly, writ petition fails and is dismissed.

(Manoj Kumar Tiwari, J.) Pr