Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4007 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS 1419/2025
Hon’ble Manoj Kumar Tiwari, J.
Mr. Lalit Miglani, Advocate, for the petitioners.
Mr. Ajay Singh Bisht, Advocate, for the respondent no. 1.
(2) Petitioners stood as guarantors in respect of a loan taken by respondent no. 2. Since respondent no. 2 has defaulted in repayment of loan, therefore, Bank of India has filed an Original Application under the Recovery of Debts and Bankruptcy Act, 1993 before DRT, Dehradun. Petitioners reportedly moved an application before DRT in the said proceedings praying that Bank of India be restrained from auctioning the property belonging to petitioners. DRT has called objection on the said application and the next date fixed in the matter is 3rd June,
2025. In this writ petition, petitioners have sought the following relief:
“1. To issue the writ order or direction in the nature of mandamus directing DRT Dehradun to dispose of the applicant’s I.A. (Diary Number 2162 dated 28.04.2025) as soon as possible and until it is disposed of, stay the auction on the petitioner’s properties only and/or
2. To issue the writ order or direction in the nature of Certiorari to quashed the possession notice dated 10.12.2024 (annexure 12) qua to petitioners and/or,
2025:UHC:4007
3. To issue the writ order or direction in the nature of mandamus directing respondent authorities not create third party interest in the alleged land till the disposal of the present writ petition and/or”
(3) Since DRT is seized of the matter and as per the Act of 1993, DRT is the appropriate authority to deal with the matter, therefore, this Court is not inclined to entertain this writ petition. Accordingly, with petition is disposed of with liberty to petitioners to press for disposal of their aforesaid application before the DRT.
(Manoj Kumar Tiwari, J.)
16.5.2025 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab1 98d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6 FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.05.17 14:39:46 +05'30'
2025:UHC:4007