IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 19811 of 2025 Decided on: 15 th December , 2025 ____________________________________________________ __ Saroj Verma ....Petitioner Versus The Baghat Urban Co-operative Bank Limited and others ...Respondents ________________________________________________________ Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? 1 For the petitioner : Mr. Vijay Kumar Arora, Senior Advocate, with Ms. Godawari, Mr. Gaurav Kumar and Mr. Hitansh Raj, Advocates. For the respondents : Mr. Narender Sharma, Advocate for respondent No. 1. Mr. Gobind Korla, Additional Advocate General, for respondent No. 2. Ajay Mohan Goel , Judge (Oral) Notice confined to respondents No. 1 and 2 only. Mr. Narender Sharma, learned counsel and Mr. Gobind Korla, learned Additional Advocate General, accepts notice on behalf of respondents No. 1 and 2, respectively. 2. In the light of the prayer made in the petition and in the light of the order that we propose to pass no notice is being issued to 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2025:HHC:43735 remaining respondents. 3. The petitioner has approached this Court praying for the following reliefs:- i. That the respondent Bank may kindly be restrained from taking over the possession of the land and building i.e. Land comprised in khata/khatauni No. 249/460 min, Khasra No. 1877/494 measuring 180 Sq. Mtrs situated at Mauza Ser Tehsil and District Solan, Himachal Pradesh, the property in question, except in accordance with law and until the statutory appeal filed by the petitioner is heard and decided on merits; ii. That a writ in the nature of mandamus may very kindly be issued thereby directing the respondent District Magistrate to keep the order dated 14.10.2025 (Annexure P-1), in abeyance, till the final adjudication of the appeal filed by the petitioner before DRAT New Delhi. iii. That respondent Debts Recovery Appellate Tribunal may be directed to decide the appeal filed by the petitioner before Debts Recovery Appellate Tribunal New Delhi, charge of which is with DRAT Kolkata, in a time bound manner. iv. That, records of the case may kindly be called for the kind perusal of this Hon'ble Court. v. Stay all coercive action, including any steps towards dispossession, during the pendency of the present writ petition and/or the statutory appeal; vi. Grant such further or other relief(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice. 4. Learned Senior Counsel for the petitioner informs the Court that an application filed by the petitioner praying for interim relief stands rejected by the learned Debts Recovery Tribunal, Chandigarh. The petitioner has preferred an appeal against the said order, however, in light of the fact that there is no Presiding Officer available either in the learned Debts Recovery Appellate Tribunal, 3 2025:HHC:43735 Delhi or learned Debts Recovery Appellate Tribunal at Kolkata, the petitioner has no option at this stage but to approach this Court praying for interim relief. Learned Senior Counsel accordingly prays that operation of the impugned order be stayed till the decision in the appeal preferred by the petitioner against the rejection of her application praying for interim relief. 5. On the other hand, learned counsel for the respondent- Bank has submitted that as the petitioner has stood as a guarantor for the loan in question, therefore, she is not entitled for any relief. 6. Having heard learned Senior Counsel for the petitioner and learned counsel for respondents No. 1 and 2, this petition is disposed of without making any observation on merit, with the direction that if an amount of Rs.50,00,000/- (Rupees Fifty Lac only) is deposited by the petitioner within one week from today with the Registry of this Court, then Annexure P-1, dated 14.10.2025, shall not be given effect to, till appropriate orders are passed by the Appellate Authority in the appeal filed by the petitioner. However, if an amount of Rs.50,00,000/- is not deposited by the petitioner on or before 22.12.2025 in the Registry of this Court, this order will lose its efficacy. In case Rs.50,00,000/- is deposited by the petitioner, then this order shall continue till appropriate orders are passed by the 4 2025:HHC:43735 learned Tribunal in the appeal. Pending miscellaneous applications, if any, also stand disposed of. ( Ajay Mohan Goel ) Judge 15 th December , 2025 ( Jiya Lal Bhardwaj ) (Anurag) Judge