Uttarakhand High Court
7Th October vs Unknown on 17 October, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL
WRIT PETITION (M/B) NO. 295 OF 2023
17TH OCTOBER, 2023
M/s Sapt Rishi Iron and Steel
Private Limited ...... Petitioner
Verses
Recovery Officer-II
Debts Recovery Tribunal & others ...... Respondents
Counsel for the petitioner : Mr. Sagar Kothari, learned counsel
Counsel for the respondents : --
The Court made the following:
JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)
The petitioner has preferred the present writ
petition to assail the order dated 25.09.2023, passed by
the Recovery Officer-II, Debts Recovery Tribunal, Paras
Tower, Majra, Dehradun.
2) The impugned order reads as follows :
"BEFORE THE RECOVERY OFFICER-II DRT, DEHRADUN
R.C. No. 67/2019 (O.A. 201/2018)
Indian Overseas Bank V/s M/s Uttaranchal Iron & Ispat Ltd. & Ors.
Date : 25.09.2023
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Present: Mr. B.P. Singh, Counsel for CH Bank,
Mr. Vibhor Maheshwari, Counsel for Third
Party Objector,
Mr.Karm Solanki, Counsel for CD No. 5,
Ms. Priyanka Dabral, Counsel for Mr. Munish
Kumar.
The comments of CH Bank qua objections of Third
Party Objector has been filed vide dy. no. 9459,
comments qua objections of CD No. 5 vide dy. no. 9461
and comments to objections of Mr. Munish Kumar
purported to be director of CD No. 1 vide dy. no. 9460
of the even date 25.09.2023, which are taken on
record.
Further, the CH Bank has also filed IA No.
862/2023 vide dy. no. 9458 dated 25.09.2023 praying
for appointment of Receiver for taking possession of the
subject properties with the assistance of Police
authorities. The CH Bank has also sought permission to
appoint guard at the factory premises at Plot no.
2,3,4,5,6 & 7, Jasodharpur, Industrial area, Kotdwar,
Distt. Pauri Garhwal, Uttarakhand in order to safeguard
the movable and immovable assets.
Heard the contesting counsels at length on the
objections raised against the e-auction scheduled on
26.05.2023 and Order Reserved thereon.
In view of the scheduled auction it is expedient
that the interest of the prospective purchasers are
protected hence the IA of the CH Bank is taken up for
consideration. The Counsel for CD No. 5 has sought
time to file objections against bank's prayer of physical
possession. Allowed.
As regards the prayer of the CH Bank seeking
permission to appoint security guards at the above
property for ensuring the safety of the movable and
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immovable assets, I am of the considered view that it
would be equitable to grant the said permission so that
the hypothecated assets are not removed / depleted.
Hence the prayer of the CH Bank is allowed.
The CH Bank is directed to appoint sufficient
numbers of guards 24X7 for safeguarding the
movable and immovable assets. In case any
resistance is offered by the CDs or by any third party
objectors towards the implementation of the said orders
the CH Bank shall be entitled to seek assistance from
the concerned Station House Officer of the Police
authorities / District Administration towards compliance
of the above order.
List on 26.09.2023 for e-auction report.
Let this order be uploaded on e-drt portal.
(Rakesh Pratap Singh)
Recovery Officer-II
DRT, Dehrdun"
3) The only operative part of this order is in
relation to the Certificate Holder Bank being directed to
appoint sufficient numbers of guards 24X7 for
safeguarding the movable and immovable assets. It has
been observed that in case any resistance is offered by
the Certificate Debtors or by any third party objectors
towards the implementation of the said order, the
Certificate Holder Bank shall be entitled to seek
assistance from the concerned Station House Officer of
the Police authorities / District Administration towards
compliance of the said order.
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4) Counsel for the petitioner states that the
petitioner is not aggrieved by that part of the order. He
submits that the order had been reserved on the
objections raised by the petitioner against e-auction,
which was scheduled on 26.05.2023. However, that
order has not been pronounced till date. Perusal of
Annexure-8 filed with this petition shows that the matter
was listed on 09.10.2023 for pronouncement of orders
reserved on 29.05.2023. It is not disclosed - as to what
transpired on the said date, i.e., 09.10.2023.
5) In our view, there is no merit in this petition.
It is for the petitioner to approach the DRT, in case the
petitioner is aggrieved by the impugned order passed by
the Recovery Officer, under Section 30 of the Recovery
of Debts and Bankruptcy Act, 1993.
6) The writ petition is, accordingly, dismissed.
7) Interim Relief Application (IA No. 01 of 2023)
also stands disposed of.
________________
VIPIN SANGHI, C.J.
_________________
RAKESH THAPLIYAL, J.
Dt: 17TH OCTOBER, 2023
Negi
