WPMS/187/2023
2023 Latest Caselaw 279 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                  WRIT PETITION (M/S) NO. 187 OF 2023
                            13TH JANUARY, 2023
BETWEEN:
Vinay Kumar Kushwaha                                           .....Petitioner.
And

Presiding Officer, Debts Recovery Tribunal, Dehradun &
another

                                                               ....Respondents.

Counsel for the Petitioner : Mr. Pankaj Semwal, proxy counsel for Mr. Navneet Kaushik, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The present writ petition, under Article 227 of the

Constitution of India, has been preferred by the petitioner to

seek a direction to the Debts Recovery Tribunal, Dehradun to

decide several applications which have been moved by the

petitioner, who is the defendant in the proceedings before the

DRT, before the disposal of the Original Application filed by

respondent no.1- Bank.

2. It is not for this Court to micromanage the

proceedings before the DRT. It is for the Presiding Officer to

consider as to how to proceed in the matter, and I am,

therefore, not inclined to issue any direction, as prayed for.

3. However, the Presiding Officer should ensure that

the issues that may be raised by the petitioner in the pending

application are all considered before, or simultaneously with

the disposal of the Original Application, so that the rights of

the parties are not prejudice.

4. The writ petition is disposed of in the aforesaid

terms.

5. Pending application, if any, stands disposed of.

(VIPIN SANGHI, C.J.)

Dated: 13th January, 2023 NISHANT