2025:UHC:550 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 10TH JANUARY, 2025 Writ Petition No.73 of 2025 (M/S) Bank of Baroda ...Petitioner Versus District Magistrate, Udham Singh Nagar and Others …Respondents Counsel for the Petitioner : Mr. Siddhartha Jain, Advocate Counsel for the Respondent : Mr. D.S. Bohra, Nos. 1 & 2 Standing Counsel 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 mandamus commanding the respondent No. 2 to comply the order dt. 19.07.2024 (Annexure No. 6) passed by respondent no. 1. (ii) Issue any other writ order or directions which this Hon'ble Court may deem fit and proper in the facts and circumstance of the case. 2025:UHC:550 2 (iii) Award the cost of present writ petition to the petitioner.” 2. Heard Mr. Siddhartha Jain, learned counsel for the petitioner and Mr. D.S. Bohra, learned Standing Counsel for the respondent nos.1 & 2. 3. Mr. Siddhartha Jain, Advocate has contended that the respondent no.3, a partnership firm, applied to the petitioner for cash credit and term loan facility. The credit facilities were sanctioned to the tune of Rs.7,99,84,000/-. The respondent no.3 mortgaged its property. The respondent no.3 did not repay the amount. The petitioner served a notice on the respondent no.3 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, “Act, 2002”). The petitioner served a possession notice on the respondent no.3. Thereafter, an Application (Misc. Application No.925 of 2024) was filed before the respondent no.1 under Section 14(1) of the Act, 2002. The said application was allowed by the District Magistrate, Udham Singh Nagar/respondent no.1 on 19.07.2024, whereby the respondent no.2 was directed to assist the petitioner to take the physical possession of the mortgaged property within one 2025:UHC:550 3 month from the date of the order. The said order of the District Magistrate, Udham Singh Nagar has not been complied with. 4. With the consent of learned counsel for both the parties, the present writ petition is disposed of directing the Senior Superintendent of Police, Udham Singh Nagar, the respondent no.2 to ensure the compliance with the order dated 19.07.2024, passed by the District Magistrate, Udham Singh Nagar, the respondent no.1, in Misc. Application No.925 of 2024, “Bank of Baroda, Kashipur vs. M/s. J.S. Packaging and Others”. ___________________ ALOK KUMAR VERMA, J. Date: 10.01.2025 JKJ/ Pant PANKAJ KUMAR PANT Digitally signed by PANKAJ KUMAR PANT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=9bb5448b4a92c65bab85a1384e98c8e23962296e78d4821a6ec01b408aa193c8, postalCode=263001, st=UTTARAKHAND, serialNumber=4FA443614ABEBC1A2C417A645E31B2B4B9D897811D160D334C31AA4BA6D48D32, cn=PANKAJ KUMAR PANT Date: 2025.01.11 11:33:42 +05'30'