Mahipal Singh vs Branch Manager Authorized
2026 Latest Caselaw 2592 UK

Uttarakhand High Court

Mahipal Singh vs Branch Manager Authorized on 1 April, 2026

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPMS No.777 of 2026
                                  Mahipal Singh                                                 ............Petitioner
                                                             Vs.
                                  Branch Manager Authorized
                                  Officer and others                   ..........Respondents
                                  Hon'ble Pankaj Purohit, J.

Mr. G.D. Joshi, learned counsel for the petitioner.

2. Mr. Pallav Sharma, learned counsel for respondent nos.1 and 2, through video conferencing.

3. Mr. Yogesh Pandey, learned D.A.G. for the State.

4. This writ petition has been filed by the petitioner challenging the possession notice dated 12.02.2026, annexure no.4 to the writ petition, under Section 13(2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002.

5. At the outset, learned counsel for the respondents submitted that the remedy against the possession notice issued under Section 13(2) of the SARFAESI Act, 2002 is available to the petitioner by filing a securitization application before the concerned Debts Recovery Tribunal under Section 17 of the SARFAESI Act, 2002.

6. I have perused the impugned order, the argument advanced by learned counsel for the respondent have substance.

7. Accordingly writ petition stands dismissed in view of the statutory remedy available to the petitioner.

(Pankaj Purohit, J.) 01.04.2026 SK