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2025 DAILYLAW 8883 (UTT)

SMT SAMINA PRAVEEN v. KOTAK MAHINDRA BANK LTD

WPMS/2050/2025 · 2025-07-10

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5984 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2050/2025 Hon’ble Manoj Kumar Tiwari, J Mr. Kailash Chandra, Advocate for the petitioners. 2. Petitioners are aggrieved by a notice dated 30.06.2025, issued by respondent no. 1 under Section 13(4)(d) of SARFAESI Act, 2002. 3. Learned counsel for petitioners submits that against the said notice, petitioners filed an application under Section 17 of SARFAESI Act, 2002 before Debts Recovery Tribunal, Dehradun. The said application is numbered as SA (Diary No. 599 of 2025). He submits that the said application is under scrutiny and date of hearing has not been given, however, respondent no. 1 is trying to disposes the petitioners from the property in question. Thus, he submits that till the interim relief application filed before Debts Recovery Tribunal, Dehradun is not considered, some protection be given to the petitioners. 4. Having regard to the facts of the case, writ petition is disposed of with a request to Debts Recovery Tribunal, Dehradun to make endeavour to consider petitioners’ interim relief application filed alongwith their Securitisation Application, within three weeks from today. 5. For a period of three weeks or till disposal of petitioners’ interim relief application, by Debts Recovery Tribunal, whichever is earlier, no coercive action shall be taken against them by respondent no. 1. (Manoj Kumar Tiwari, J) 10.07.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487d f006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.07.10 19:39:25 +05'30'