M/S BHAVYA GOLD P V C INDUSTRIES v. THE BANK OF BARODA
WPMS/555/2025 · 2025-02-20
Ravindra Maithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2713 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2713 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 555 of 2025 (M/S)
M/s Bhavya Gold PVC Industries and Another
….....Petitioners
Versus
The Bank of Baroda
….….Respondent
Present:- Mr. Sandeep Tiwari, Advocate holding brief of Mr. Yogesh Kumar Sharma, Advocate for the petitioners. Mr. Siddhartha Jain, Advocate for the respondent-Bank, through video conferencing
Hon’ble Ravindra Maithani, J. (Oral)
The challenge in this writ petition is made to the sale/auction scheduled on 20.02.2025, under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the SARFAESI Act”), on the ground that the matter is pending before the Debts Recovery Tribunal (“the DRT”).
2.
Heard learned counsel for the parties and perused the record.
3.
Learned counsel for the petitioners would submit that the father of the petitioner had taken loan , but due to loss in the business, he could not repay it; now, the petitioner is ready to pay the loan in easy instalment; in fact, the date of auction is scheduled for today at 2:00 PM.
4.
The SARFAESI Act is a self contained code. If the petitioner is aggrieved by any action under the SARFAESI
2 Act, appropriate remedy is under Section 17 of the SARFAESI Act before the DRT. It is stated that, in fact, the Bank had already filed an Original Application before the DRT.
5.
Whatever relief the petitioners seek, they can very well approach before the DRT. Therefore, this Court does not see any reason to make any interference. Accordingly, the writ petition deserves to be dismissed at the stage of admission itself.
6.
The writ petition is dismissed in limine.
(Ravindra Maithani, J)
20.02.2025 Ravi Bisht