WPMS/1212/2023
2023 Latest Caselaw 1124 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No. 1201 of 2023
                                  WPMS No. 1212 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

(1) Mr. Dharmendra Barthwal, learned counsel for the petitioners.

(2) Ms. Menka Tripathi, learned Deputy Advocate General for the State of Uttarakhand.

(3) Ms. Prabha Naithani, learned counsel for respondent Bank.

(4) Since common questions of fact and law are involved in these petitions, therefore, common order is being passed in these writ petitions. However, for the sake of brevity, facts of WPMS No. 1201 of 2023 are being referred herein.

of 2023 challenging the order passed by District Magistrate, Nainital under Section 14 of SARFAESI Act. In view of the submission made on behalf of petitioner that an application seeking recall of District Magistrate order is pending, the writ petition was disposed of with a request to District Magistrate to decide petitioner's recall application, one way or the other, within ten days.

(6) Now, District Magistrate has rejected petitioner's recall application vide order dated 18.04.2023. Petitioner has now challenged the said order passed by District Magistrate on his recall application.

(7) Learned counsel for the respondents have raised a preliminary objection that petitioner has a remedy before Debt Recovery Tribunal under Section 17 of the SARFAESI Act. Reliance has been placed upon a recent judgment rendered by Hon'ble Supreme Court in the case of Kotak Mahindra Bank Limited vs. Girnar Corrugators Private Limited & others, reported in (2023) 3 SCC 210. In the said judgment, Hon'ble Supreme Court has held that while exercising power under Section 14 of SARFAISI Act, District Magistrate or the Chief Metropolitan Magistrate has no jurisdiction to adjudicate the dispute between the secured creditor or the debtor.

(8) In such view of the matter, this Court is not inclined to entertain the writ petitions and the writ petitions are, accordingly, dismissed with liberty to petitioners to approach Debt Recovery Tribunal under Section 17 of the SARFAESI Act.

(Manoj Kumar Tiwari, J.) 25.04.2023 Aswal