2025:UHC:10484 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3257/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Shubhang Dobhal, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner took a loan against property from respondent no. 1. Since he defaulted in repayment of loan, therefore, respondent no. 1 approached Chief Judicial Magistrate, Dehradun under Section 14 of SARFAESI Act, 2002. Learned Chief Judicial Magistrate, Dehradun has passed an order on 29.10.2024, which is challenged by petitioner in this writ petition. 4. Since petitioner has remedy of approaching Debts Recovery Tribunal under Section 17 of SARFAESI Act, therefore, this Court is not inclined to entertain this writ petition. 5. Learned counsel for the petitioner, however, submits that petitioner is ready and willing to repay the loan. He submits that substantial portion of loan has been repaid. He submits that against loan of ₹41,08,488/- taken by petitioner, he has deposited ₹40,26,438/- and very small amount he is yet to repay. He further submits that petitioner is ready and willing to enter One Time Settlement with respondent no. 1, therefore, he may be permitted to apply for OTS. 6. Learned State Counsel submits that he has no objection, if petitioner is 2025:UHC:10484 permitted to submit a proposal for OTS to respondent no. 1. 7. Accordingly, the writ petition is disposed of with liberty to petitioner to submit proposal for OTS to the Competent Authority in respondent no. 1. If he submits OTS proposal within three days from today, decision thereupon shall be taken by the Competent Authority, within one week thereafter. For a period of ten days or till decision is taken on petitioner’s proposal, whichever is earlier, no coercive action shall be taken against the petitioner. (Manoj Kumar Tiwari, J) 25.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0 , cn=NITI RAJ SINGH ASWAL Date: 2025.11.25 04:00:14 -08'00'