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Judgment
7 paragraphs · 221 wordsManoj Kumar Tiwari, J
Petitioner is a borrower against whom the lending bank has initiated proceedings under SARFAESI Act. Petitioner had earlier filed Writ Petition (M/S) No. 1879 of 2021, which was dismissed by Co-ordinate Bench of this Court vide order dated 16.09.2021, with liberty to petitioner to approach Debts Recovery Tribunal, constituted under Section 17 of SARFAESI Act.
In this writ petition, petitioner has contended that since there is no Presiding Officer in Debts Recovery Tribunal, Dehradun for the last several months, therefore, despite filing the securitization application, under Section 17 of the aforesaid Act, petitioner is not able to get any relief.
Learned counsel for the respondent-Bank also does not dispute the fact that securitization application filed by the petitioner is pending before Debts Recovery Tribunal, Dehradun. He also fairly concedes that Debts Recovery Tribunal is not functioning at Dehradun, due to non-availability of Presiding Officer.
Having regard to the facts & circumstances of the case, it is provided that, till appointment of Presiding Officer of Debts Recovery Tribunal, Dehradun or for a period of four weeks from today, whichever is earlier, no coercive action shall be taken against the petitioner.
With the aforesaid direction, the writ petition stands disposed of.
Let a certified copy of this order be issued within 24 hours.