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2025 DAILYLAW 17543 (UTT)

M/S MAHA GAURI TRADERS v. THE NAINITAL BANK

WPMS/3529/2025 · 2025-12-19

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11410 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/ 3 5 2 9 / 2 0 2 5 Hon’ble Manoj Kumar Tiwari, J. Mr. Ravi Bisht, Advocate for the petitioners. Mr. Suyash Pant, Standing Counsel for the State. Mr. Anil Kumar Joshi, Advocate for the respondent-bank. 2. Petitioners took a loan from Nainital Bank Limited. Since there was default in repayment of loan, therefore Bank has initiated proceedings for recovery of outstanding dues by invoking provisions of SARFAESI Act, 2002. 3. In this writ petition, petitioners have challenged order dated 12.11.2025, passed by Additional District Magistrate, Udham Singh Nagar under Section 14 of SARFAESI Act, 2002. 4. Learned counsel for petitioners submits that petitioners are ready and willing to repay the outstanding dues and only want some reasonable time for liquidating the loan. 5. Mr. Anil Kumar Joshi, learned counsel appearing for the Bank submits that if petitioners make representation for fixing instalments, the competent authority in the Bank shall take decision in the matter, as per law. 6. The writ petition is, accordingly, disposed 2025:UHC:11410 of with liberty to petitioners to approach competent authority in the bank by making representation. If petitioners make representation within one week from today, decision thereupon shall be taken by the competent authority, as per law, within two weeks thereafter. (Manoj Kumar Tiwari, J.) 19.12.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.12.19 18:20:05 +05'30'