SAMINA PRAVEEN AND ANR v. KOTAK MAHINDRA BANK LTD.
WPMS/1333/2025 · 2025-05-08
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6276 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6276 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3708 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1333/2025 Hon’ble Manoj Kumar Tiwari, J.
1. Mr. Kailash Chandra,
learned counsel for the petitioners.
2. Petitioners have challenged an
order dated 08.04.2025 passed by Chief Judicial Magistrate, Dehradun, under Section 14 of SARFAESI Act. He has also challenged the possession notice issued by respondent no. 1 on
01.05.2025.
3.
Learned counsel for the petitioners submits that petitioners have challenged the order passed under Section 14 of SARFAESI Act passed by Chief Judicial Magistrate and proceedings of possession notice issued under Section 13(4) of SARFAESI Act and the matter is pending consideration before Debts Recovery Tribunal, Dehradun.
4. Since, petitioners have approached the appropriate forum, therefore, no interference with the impugned order is called for at this stage.
5. The writ petition is, however,
disposed of with a request to Debts Recovery Tribunal to consider petitioners’ application on any date, within three weeks from today. Till decision on the challenge thrown by
2025:UHC:3708 petitioners to the order under Section 14 of SARFAESI Act, status quo qua property in question shall be maintained.
(Manoj Kumar Tiwari, J.)
08.05.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa 85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D 26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.08 19:27:20 -07'00'