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2025 DAILYLAW 4097 (UTT)

MAMTA CHANIYAL v. AAVAS FINANCIERS LIMITED

WPMS/853/2025 · 2025-03-21

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:2069 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 853 of 2025 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. Harendra Belwal, learned counsel for the petitioners. 2. Mr. Yogesh Chandra Tewari, learned Standing Counsel for the State of Uttarakhand. 3. By means of this writ petition, petitioners have sought the following relief:- (i) Issue a writ, order in the nature of Certiorari for quashing the Demand Notice dated 17.09.2024 Possession Notice dated 23.11.2024, issued by respondent no. 1 (contained as Annexure No. 4 & 5 to the writ petition). (ii) Issue a writ order in the nature of Certiorari for set-aside the impugned order dated 14.01.2025, issued by Chief Judicial Magistrate, Udham Singh Nagar (Annexure No. 6 to this writ petition). (iii) Issue a writ order or direction in the nature of Mandamus directing the respondents not to auction the land/house in question mortgaged with the Bank and further direct the respondent Bank to accept the outstanding amount in instalments and continue the petitioners’ C.C. Limit. 4. Since petitioners have remedy of approaching Debts Recover Tribunal under Section 17 of SARFAESI Act, therefore, this Court is not inclined to entertain this writ petition. 5. Accordingly, the writ petition is dismissed on the ground of alternate remedy with liberty to petitioners to approach the appropriate forum. (Manoj Kumar Tiwari, J.) 21.03.2025 Aswal 2025:UHC:2069