Uttarakhand High Court

Rajni Rautela vs State Of Uttarakhand & Others on 2 July, 2024

    IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

          HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                              AND
             HON'BLE MR. JUSTICE RAKESH THAPLIYAL


             WRIT PETITION (M/B) NO. 139 OF 2024


                             2ND JULY, 2024


Rajni Rautela                                ......            Petitioner


Versus


State of Uttarakhand & others                ......            Respondents


Counsel for the petitioner       :   Mr.   Abhhishek       Sati,   learned
                                     counsel

Counsel for the respondent       :   Mr. K.N. Joshi, learned Deputy
                                     Advocate General with Ms. Rajni
                                     Supyal Latwal, learned Brief Holder
                                     for the State

                                 :   Mr. Ashish Joshi, learned counsel
                                     for respondent No. 2



The Court made the following:


JUDGMENT:

(per Hon'ble The Chief Justice Ms. Ritu Bahri)

Respondent Nos. 3 and 4 are the borrowers, in

the present case, and they had taken the loan. The

petitioner had sold the property to respondent Nos. 3

and 4, and there is no other property available with

respondent Nos. 3 and 4 as per counsel for the bank,

and the loan of rupees thirty lakhs has been taken by

respondent Nos. 3 and 4.

2) Since the issue involved is only with respect to

this property, this petition is being disposed of by giving

liberty to the petitioner to approach the Debt Recovery

Tribunal under Section 17 of the SARFAESI Act.