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2025 DAILYLAW 16491 (UTT)

M/S GILL ENTERPRISES THROUGH ITS PARTNER v. THE STATE OF UTTARAKHAND

WPMS/2377/2021 · 2025-10-09

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8973 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 2 3 7 7 / 2 0 2 1 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Sandeep Kothari, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Syed Kashif Jafri, Advocate holding brief of Dr. K.H. Gupta, learned counsel for the respondent – Bank. 4. The writ petition was dismissed for want of prosecution vide order dated 09.10.2025. Today the matter is listed on restoration application. 5. Learned State Counsel does not want to file any objection to the restoration application. Accordingly, restoration application (MCC No. 3 of 2025) is allowed. 6. The order dated 09.10.2025 is recalled. Let the petition be restored to its original number. 7. Heard learned counsel for the parties and perused the record. 8. Petitioner has challenged the order dated 22.01.2020 passed by District Magistrate, Udham Singh Nagar under Section 14 of SARFAESI Act. Perusal of record reveals that petitioner filed Securitization Application No. 140 of 2021 before Debts Recovery Tribunal, Dehradun. Thus, he has invoked the statutory remedy against the order 2025:UHC:8973 impugned in this petition. 9. Mr. Sandeep Kothari, learned counsel for the petitioner submits that the said securitization application was dismissed for non-prosecution; he submits that petitioner will file restoration application before Debts Recovery Tribunal, within one week from today and DRT be directed to decide the application within stipulated time frame. 10. The writ petition is, accordingly, disposed of by providing that if petitioner files application, seeking restoration of Securitization Application No. 140 of 2021 within one week from today, Debts Recovery Tribunal shall make endeavour to decide the said application within eight weeks thereafter. ( Man oj Ku m ar Tiw ar i, J) 17.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30 f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5 8531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.17 05:24:03 -08'00' 2025:UHC:8973