Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8071 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2649/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. D.N. Sharma, learned counsel for the petitioners.
2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand.
3. Petitioners have challenged order dated 11.06.2025 passed by Additional District Magistrate (Administration / Nazool), District Udham Singh Nagar under Section 14 of SARFAESI Act, 2002. By the said order, Police Authorities were
directed to take physical possession of the secured assets and hand over to Lending Institution i.e. respondent nos. 3 & 4.
4. It is contended on behalf of petitioners that Additional District Magistrate has gone beyond the scope of his power while passing the impugned
order and the direction as was issued is not contemplated under SARFAESI Act.
5. Learned State Counsel, however, points out that petitioners have remedy under Section 17 of SARFAESI Act before Debt Recovery Tribunal.
6. This position is not disputed by
learned counsel for the petitioners.
7. Accordingly, the writ petition is
disposed of with liberty to petitioners to approach Debt Recovery Tribunal by moving appropriate application, within two weeks from today. For a period of
2025:UHC:8071 two weeks status quo as regards the secured assets shall be maintained.
(Manoj Kumar Tiwari, J)
11.09.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f 3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58 531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.09.11 05:13:52 -07'00'