Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGES’S ORDERS
2025:UHC:1045
WPMS No.479 of 2025 Hon'ble Pankaj Purohit, J.
Mr. R.C. Tamta, learned counsel, for the petitioner.
2. Mr. Suyash Pant, learned Standing Counsel with Mr. D.S. Bohra, learned Standing Counsel, for the State of Uttarakhand/1.
3. Ms. Irum Zeba, learned counsel, holding brief of Mr. K.H. Gupta, learned counsel, for the respondent no.2.
4. From the records, it transpires that a loan of Rupees Forty Lakhs, was issued in favour of the petitioner, and when she defaulted in the payment of the loan, the proceedings for recovery of the said loan was initiated under provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short “the Act”), and an order dated 17.12.2024 was passed under section 14 of the Act for delivery of the possession of the secured assets in favour of the bank/respondent no.2.
5. Feeling aggrieved by the order dated 17.12.2024, Annexure No.1, to the writ petition,
the petitioner is before this Court.
6. However, the matter cannot be gone into by this Court as the remedy available to the petitioner is to file an application before the Debts Recovery Tribunal under Section 17 of the Act, but on the instructions, which has been given by the learned counsel for the respondent no.2/Bank, that the bank is ready to recover the amount outstanding against the petitioner in easy instalments, provided the petitioner deposits a sum of Rupees Ten Lakh, within a period of seven days’ and the balance amount of Rs.24,47,459/-, would be deposited by the petitioner by six equal monthly instalments.
7. Having heard the learned counsel for the parties and having considered the instructions received by the
learned counsel for the respondent no.2- Bank, the writ petition is
disposed of in following terms:-
“(a) The petitioner shall deposit a sum of Rupees Ten Lakh, within a period of ten days’ from today i.e. on or before 27.02.2025.. (b) The balance amount of Rs.24,47,459/- shall be deposited by the petitioner within a period of one year in six equal bimonthly
instalments of Rs.4,07,910/-. (c) The last instalment shall carry the entire interest accrued. (d) In case of any default in the payment of the amount as per this
order or any condition violated, the respondent no.2/Bank, shall be free to recover the amount in accordance with law. (e) For a period of ten days’, the
order dated 17.12.2024, shall be kept in abeyance.”
(Pankaj Purohit, J.) 17.02.2025 NR/