Anita vs State Of Uttarakhand & Others

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of the present writ petition, petitioner has sought the indulgence of this Court for quashing the order dated 11.03.2024, passed by D.M. Haridwar under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “The SARFAESI Act”).

It is admitted to the petitioner that against the notice under Section 14 of the SARFAESI Act, a Securitisation Application No.175 of 2024 is pending before the Debt Recovery Tribunal, Dehradun. He further contends that petitioner’s husband took loan from the respondent no.3-CSL Finance Limited to the tune of Rs.8,45,303/- in the year 2018, but unfortunately he died in the year 2020. He also contends that husband of the petitioner secured the said loan by taking insurance cover. Now, the grievance of the petitioner is that instead of appearing in the Securitisation application pending before the DRT, respondent no.3 is pressing hard upon the petitioner to make the payment of the loan amount and threatening her to dispossess from the property.

Since the matter is pending before the DRT, therefore, this Court is not inclined to interfere in the matter. Accordingly, the writ petition is dismissed in-limine.

However, petitioner may file an application in Securitisation Application No.175 of 2024 pending before the DRT for redressal of her grievance. If such an application is filed by the petitioner, the same shall be decided by the DRT within a period of fifteen days from the date of filing of the said application.

Pending application, if any, stands disposed of accordingly.