Unknown vs Bank Of Baroda And Others
2024 Latest Caselaw 1954 UK

Uttarakhand High Court

Unknown vs Bank Of Baroda And Others on 30 September, 2024

                                                       2024:UHC:7225-DB



   IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

           HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                               AND
               HON'BLE MR. JUSTICE PANKAJ PUROHIT


                  SPECIAL APPEAL NO. 303 OF 2024

                        30th SEPTEMBER, 2024


Sumit Singh and another                         ......         Appellants

Versus

Bank of Baroda and others                       ......        Respondents


Counsel for the appellants       :       Ms. Priyanka Agrawal and Mr.
                                         Sharang Dhulia, learned counsel

Counsel for the respondents      :       Mr. Siddharth Jain, learned counsel
                                         for respondent No. 1

                                 :       Mr. K.N. Joshi, learned Deputy
                                         Advocate General for the State /
                                         respondent No. 2




The Court made the following:

JUDGMENT:

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

The present special appeal is directed against

the judgment dated 06.09.2024, passed by learned Single

Judge, in Writ Petition (M/S) No. 2396 of 2024, whereby

by a detailed judgment, the writ petition was dismissed by

observing that the petitioners (appellants herein) have an

alternate remedy to approach the Debts Recovery Tribunal

under Section 17 of the SARFEASI Act, 2002, and

2024:UHC:7225-DB petitioners were given time till 16.09.2024. It was also

observed in said judgment that till 16.09.2024, no

coercive action shall be taken against the petitioners.

2) After arguing the case at length today, counsel

for the appellants seeks leave to withdraw this appeal with

liberty to avail the alternate remedy as per judgment

dated 06.09.2024, and she also seeks some more time so

that no coercive steps be taken against the appellants.

3) In view of the above statement, the present

special appeal stands disposed of as withdrawn with

liberty to the appellants to avail the alternate remedy as

per judgment dated 06.09.2024. It is also directed that

no coercive steps shall be taken against the appellants for

the next fifteen days from today.

_______________ RITU BAHRI, C.J.

_______________ PANKAJ PUROHIT, J.

Dt: 30th SEPTEMBER, 2024 Negi

HIMA

NSHU dae20d13aaf116e73351fdaf68 78326386908a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4

NEGI A80990FC51A722A6BC552D4 70EB4FD2F88DDF7C18DB2A1 524A4D, cn=HIMANSHU NEGI Date: 2024.10.01 16:04:07 +05'30'