Extracted from the PDF above. The PDF is authoritative.
UKHC010149412026
2026:UHC:7602 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2567/2026
M/s Akshit Telecom & Others --Petitioners Versus RBL Bank Ltd --Respondent
Hon’ble Manoj Kumar Tiwari, J.
Mr. Chandra Prakash, Advocate, for the petitioners.
(2) Petitioner is borrower, against whom the lending institution has initiated recovery proceedings by invoking powers under SARFAESI Act. In this writ petition, petitioner has sought the following reliefs:
“a) issue writ, order or direction in the nature of certiorari and quash and set aside the impugned order dated 11.08.2026 passed by the learned IIIrd Additional Chief Judicial Magistrate, Dehradun in proceedings under Section 14 of the SARFAESI Act, 2002, Suit No.311/2025 'RBL Bank Ltd. Vs. M/s Akshit Telecom & others' (Annexure No.2 to this writ petition); (Page no-20 to 24)
b) issue a writ, order or direction in the nature of mandamus commanding the respondent Bank to consider the petitioner's bona fide request for settlement and extension of loan tenor in accordance with RBI guidelines and the restructuring scheme;
c) permit the petitioner to clear the outstanding dues in reasonable installments, in such manner as this Hon'ble Court may deem fit and proper, thereby ensuring repayment without undue hardship, in view of the unprecedented Covid-19 pandemic;”
UKHC010149412026
2026:UHC:7602 (3) Reliefs as sought cannot be granted in a writ petition under Article 227 of the Constitution, as petitioner has remedy under Section 17 of SARFAESI Act. Writ petition, however, is disposed of with liberty to petitioner to make representation before the competent authority in RBL Bank. If petitioner makes representation within three days, decision thereupon shall be taken, as per law, by the respondent within one week thereafter. If petitioner makes representation within three days from today, no coercive action shall be taken against him till decision is taken on the same.
(Manoj Kumar Tiwari, J.)
21.8.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6e ae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACC C1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.08.21 17:57:45 +05'30'