High CourtsSingle Bench(2022) 10 UK CK 0006

Fly Express Logistics Pvt. Ltd. & Others vs Presiding Officer, DRT, Dehradun And Others

Uttarakhand High Court · Decided on 11 October 2022

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 1973 Of 2022

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 192 words

Manoj Kumar Tiwari, J

Petitioners have challenged an interim order dated 22.7.2022 passed by Debt Recovery Tribunal, Dehradun in S.A. No. 67 of 2022, filed by them. By the impugned order, learned Tribunal granted protection to petitioners against coercive action by the bank, subject to deposit of rupees fifty lakhs by them within 30 days. The condition imposed by learned Tribunal in the impugned order is challenged in this writ petition.

This Court is not inclined to interfere with the interim order passed by learned Tribunal. Learned Counsel for the petitioners contended that petitioners are entitled to benefit of a scheme introduced by Government of India and this aspect has been completely overlooked by learned Tribunal while passing the impugned order.

The question raised by petitioners that they are entitled to benefit of a particular scheme is a question, which is to be decided by learned Tribunal in their Securitization Application. While granting protection to the applicant, learned Tribunal can impose some condition, which is deemed necessary in the facts and circumstances of the case. Thus, there is no scope for interference in the matter.

Accordingly, writ petition fails and is dismissed.