Citation : 2024 Latest Caselaw 1017 UK
Judgement Date : 21 May, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
MS. JUSTICE RITU BAHRI, C.J.
AND
MR. JUSTICE RAKESH THAPLIYAL, J.
21ST MAY, 2024
WRIT PETITION (MB) NO. 180 OF 2024
Parents Association of Rasool Public School and Rasool
Inter College .....Petitioner
Versus
Debts Recovery Tribunal, Dehradun and others.
..Respondents
Counsel for the petitioner : Ms. Gurbani Singh and Ms. Sukhbani
Singh, learned counsel.
Counsel for the respondents : Ms. Siddharth Jain, learned counsel
for respondent No. 8.
Upon hearing the learned Counsel, the Court
made the following
JUDGMENT :
(per: Ms. Ritu Bahri, C.J.)
Keeping in view the judgment dated 10th April;,
2024 passed by the Hon'ble Supreme Court in Civil
Appeal No. 4845 of 2024 (Arising out of SLP(C) No.
8867 of 2022) titled as "PHR Invent Educational
Society vs. UCO Bank and others", counsel for the
petitioner seeks permission to withdraw this Appeal to
avail her alternative remedy before the Debt Recovery
Tribunal at Allahabad under Section 18 of the
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for
short 'SARFAESI' Act'). The counsel for the respondent
No. 8 is not objecting to the same.
2. Permission is granted.
3. The writ petition is dismissed as withdrawn.
However, the petitioner is given 15 days' time to
approach the Debt Recovery Tribunal at Allahabad.
4. There will be a stay of the order dated 30.04.2024
(Annexure-2) and 06.05.2024 (Annexure-3) for 15
days.
_____________ RITU BAHRI, C.J.
__________________ RAKESH THAPLIYAL, J.
Dt: 21st May, 2024 Rathour
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