Smt. Kiran Upadhyay vs Collector/District Magistrate ...
2023 Latest Caselaw 2842 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
              Writ Petition (M/S) No.2677 of 2023

Smt. Kiran Upadhyay                                   ....Petitioner

                               Versus

Collector/District Magistrate and Another            ....Respondents

Present:-
              Mr. Deepak Sharma, Advocate for the petitioner through
              video conferencing.
              Mr. K.K. Sah, Additional C.S.C. for the State.
              Mr. Mukesh Kaparuwan, Advocate holding brief of Mr.
              Siddhartha Sah, Advocate for the Bank.

                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to notice

dated 29.08.2023, issued under Section 13(4) of the

Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 ("the Act") for taking

possession of the secured credits.

2. Heard learned counsel for the parties and

perused the record. Learned counsel for the petitioner

appeared through video conferencing.

3. It is the case of the petitioner that her husband

had taken a loan of Rs. 12 Lakhs for construction of a home

from the Kurmanchal Nagar Sahkari Bank Ltd. Unfortunately,

he died and could not repay the loan. The petitioner is unwell.

She is suffering with various diseases. She seeks time to pay

the balance amount in installments.

4. Learned State Counsel would submit that, in

fact, symbolic possession of the property has already been

taken, and it is a proceeding under the Act.

5. The Act has been enacted to regulate

securitization and reconstruction of financial assets and

enforcement of security interest, etc. It is a complete Act itself.

So far as the proceedings are concerned, any person aggrieved

by any action under Section 13(4) of the Act may very well

approach the authorities under Section 17 of the Act. There is

much adequate alternate relief. Therefore, the Court refrains

to entertain the writ petition. Accordingly, the petition

deserves to be dismissed at the stage of admission itself.

6. The writ petition is dismissed in limine.

(Ravindra Maithani, J.) 25.09.2023 Ravi Bisht