SPA/124/2023
2023 Latest Caselaw 1310 UK

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

                     SPECIAL APPEAL NO. 122 OF 2023
                              10TH MAY, 2023
BETWEEN:
Pushpinder Kaur & others                                       .....Appellants.
And

Union Bank of India & others                                   ....Respondents.

With SPECIAL APPEAL NO. 124 OF 2023 BETWEEN:

Pawan Preet Singh & another .....Appellants. And

Union Bank of India & others ....Respondents.

Counsel for the Appellants               :        Mr. D.S. Patni, learned Senior
                                                  Counsel   assisted    by  Mr.
                                                  Dharmendra Barthwal, learned
                                                  counsel.

Counsel for the Respondent No.1          :        Ms. Prabha       Naithani,    learned
                                                  counsel.

Counsel for the Respondent Nos.2 to 4    :        Mr. J.C. Pande, learned Standing
                                                  Counsel.

The Court made the following:

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

The present special appeals are directed against the

common order dated 25.04.2023, passed by the learned

Single Judge in Writ Petition (M/S) Nos.1201 and 1212 of

2023. The learned Single Judge dismissed the said writ

petitions as against the action taken by the District

Magistrate, under Section 14 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 (for short 'the Act'), the writ

petitioners had statutory remedy under Section 17 of the Act

before the Debts Recovery Tribunal. Reliance has been placed

by the learned Single Judge on the judgment of the Supreme

Court, in the case of Kotak Mahindra Bank Ltd. vs. Girnar

Corrugators Private Ltd. & others, (2023) 3 SCC 210.

2. The submission of Mr. Patni is that the DRT is not

entertaining the appellants' application under Section 17 of

the Act on the ground that the DRT-II, Delhi does not have

the Presiding Officer and the case of the DRT-II, Delhi are

being taken up by the Presiding Officer, DRT-III, Delhi, and

only urgent matters relating to auction, sale and possession

are being taken up. The reason for the same is stated to be

that the Presiding Officer, DRT-III, Delhi is handling High

Value Matters of Rs.100.00 Crores and above.

3. Mr. Patni submits that the SA No.169/2019, moved

by the appellants, was adjourned by the Court Master, DRT-

II, Delhi, on 24.03.2023.

4. A reading of the order dated 24.03.2023, passed by

the Court Master, DRT-II, Delhi in the appellants' SA itself

makes it clear that the urgent matters relating to auction,

sale and possession are being taken up by the Presiding

Officer, DRT-III, Delhi in the absence of the Presiding Officer

in DRT-II, Delhi.

5. That being the position, we see no reason why the

appellants' SA, under Section 17 of the Act, should not be

entertained by the DRT-III, Delhi, since the appellants are

seeking interim relief in relation to the auction, sale and

possession of the property, in question.

6. We, therefore, direct that the DRT-III, Delhi shall

take up the SA of the appellants, under Section 17 of the Act,

in case they seek urgent interim relief relating to the auction,

sale and possession of the secured assets.

7. The appeals stand disposed of in the aforesaid

terms.

8. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 10th May, 2023 NISHANT