Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8863 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2854/2025 Hon’ble Manoj Kumar Tiwari, J
1. Ms. Manju Bahuguna,
learned counsel for the petitioner.
2. Mr. D.K. Bankoti, learned Brief Holder for the State of Uttarakhand.
3. Mr. Ashish Joshi, learned counsel for the respondent-Bank.
4. Petitioner has challenged a possession notice issued by State Bank of India under Section 13(2) of SARFAESI Act. Since petitioner has remedy under Section 17 of the aforesaid Act, therefore, this Court is not inclined to entertain the writ petition.
5. The writ petition is, accordingly,
disposed of with liberty to petitioner to approach the appropriate forum. For a period of ten days from today, no precipitative action shall be taken against the petitioner.
6. It is made clear that Debt Recovery Tribunal will decide the matter uninfluenced by any observation made in this order.
(Manoj Kumar Tiwari, J)
08.10.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d 1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F46 10C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.10.08 04:53:49 -07'00'
2025:UHC:8863