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2025 DAILYLAW 2607 (UTT)

M/S SHRI SHYAM GRAMODYOG v. UTTARAKHAND GRAMIN BANK

WPMS/527/2025 · 2025-02-27

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No.527 of 2025 Hon’ble Ravindra Maithani, J. Mr. M.S. Bisht, Advocate for the petitioner. Mr. Mahendra Rawat, Advocate for the respondents. The challenge is made to Possession Notice dated 11.02.2025, passed under the respondents under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the SARFAESI Act”). Heard. At the very outset, the Court wanted to know, as to how the writ petition is maintainable because in view of alternate remedy under Section 17 of the SARFAESI Act? Learned counsel for the petitioner seeks permission to withdraw the writ petition with the liberty to approach appropriate authority. But, he would also submit that 10 days’ time may be granted to him and till then, steps pursuant to the Notice dated 11.02.2025 may not be taken. He would also submit that the petitioner is ready and willing to deposit the amount. He has already deposited more than `4 Lakhs and in easy installment, he is ready to pay. Learned counsel for the respondents would submit that the petitioner may approach the Bank for installment. He would submit that if the petitioner seeks appropriate remedy, the respondents may not proceed pursuant to Notice dated 11.02.2025, as may be directed by the Court. The writ petition is dismissed as withdrawn with the liberty to the petitioner to seek appropriate liberty before appropriate forum within next 10 days. Till then, the impugned Possession Notice dated 11.02.2025 shall not be acted upon. (Ravindra Maithani, J.) 27.02.2025 Sanjay