Surekha vs State Of Uttarakhand And Others

Pankaj Purohit, J

This writ petition has been filed by petitioner challenging the order contained in letter No.909/Sarfaesi Act (ADM Administration)/2025 dated 25.03.2025 passed by learned Additional District Magistrate, Udham Singh Nagar, under Section 14 of the Sarfaesi Act for handing over of the possession of secured assets of the petitioner.

Learned counsel for petitioner has filed the present writ petition on the premise that petitioner has nothing to do with the loan advanced to the borrower-respondent Nos.6 and 7 by respondent No.5-Finance Company; petitioner’s husband had purchased the house on 07.04.2021 from respondent No.4-Ahsan Ali S/o Mohd. Ali.

Learned counsel for the petitioner submits that the petitioner is owner of house in-question and the same has wrongly been given in possession to respondent No.5 by respondent No.2.

Since, issues involved in the present writ petition have disputed questions of facts to be determined and the remedy available to petitioner is to file Securitization Application (SA) under Section 17 of the Sarfaesi Act, therefore, this Court is not inclined to interfere in the matter.

Petitioner may file a Securitization Application (SA) under Section 17 of the Sarfaesi Act before the Debts Recovery Tribunal (DRT) concerned for redressal of her grievance within 15 days from today.

Purely on humanitarian ground and in view of the facts and circumstances of the case, it is provided that till 15 days, no coercive measure shall be taken against petitioner regarding the possession of house, which has allegedly wrongly been directed to be handed over to respondent No.5.

In view of the above, the present writ petition is disposed of.