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2025 DAILYLAW 4058 (UTT)

ROHIT DUTTA v. DISTRICT MAGISTRATE HARIDWAR

WPMS/839/2025 · 2025-03-25

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:2147 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25TH MARCH, 2025 WRIT PETITON NO. 839 of 2025 (M/S) Rohit Dutta ..…Petitioner Versus District Magistrate, Haridwar and Another …Respondents Counsel for the Petitioner : Mr. Siddahrtha Sah, Advocate with Mr. Pankaj Kaushik, Advocate. Counsel for the Respondent : Mr. Shubhang Dobhal, No.2 Advocate. Hon’ble Alok Kumar Verma,J. Present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers: - “(i) Issue a writ, order or direction in the nature of certiorari to quash the order of the District Magistrate, Haridwar dated 29-06-2024 under section 14 of the SARFAESI Act, 2002 (Contained as Annexure no.8). (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to permit the petitioner to repay the outstanding loan easy installment or a one time settlement. 2025:UHC:2147 2 (iii) Issue any other writ, order or direction which this Hon'ble Court deems fit and proper.” 2. Heard Mr. Siddhartha Sah, learned counsel appearing for the petitioner and Mr. Shubhang Dobhal, learned counsel for the respondent no.2. 3. Mr. Siddhartha Sah, Advocate contended that the petitioner could not repay the loan amount to the respondent no.2-bank due to some unavoidable circumstances, however, the petitioner is willing to pay the entire loan amount to the respondent no.2-bank and for the said purpose, the petitioner shall submit his better proposal to the respondent no.2-bank within four days’ from today. 4. Mr. Siddhartha Sah, Advocate has requested to decide the present writ petition by directing the respondent no.2 to consider the proposal of the petitioner. 5. Mr. Shubhang Dobhal, Advocate submitted that in case the petitioner moves a fresh proposal within four days from today, the petitioner’s proposal shall be considered within one week thereafter. 6. On the request of Mr. Siddhartha Sah, Advocate and with the consent of Mr. Shubhang Dobhal, Advocate, the present writ petition is disposed of with a direction that if the petitioner submits his fresh proposal along with 2025:UHC:2147 3 a certified copy of this order to the respondent no.2 within four days from today, the respondent no.2-Bank shall consider and decide the said proposal as expeditiously as possible, but not later than one week thereafter. 7. Till decision is taken on the fresh proposal of the petitioner, the effect and operation of the impugned order dated 29.06.2024, passed by the District Magistrate, Haridwar under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, are kept in abeyance. 8. It is made clear that this Court has not expressed any opinion on the merit of the case. 9. Let a certified copy of this order be issued to learned counsel for the parties today itself, as per rules. ___________________ ALOK KUMAR VERMA, J. Date: 25.03.2025 JKJ/Pant