High CourtsSingle Bench(2021) 10 UK CK 0131

M/s Maa Store Products vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 25 October 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 2211 Of 2021

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Judgment

5 paragraphs · 163 words

Manoj Kumar Tiwari, J

1.

Petitioner is a borrower, who had defaulted in repayment of loan. Uttar Pradesh Gramin Bank/respondent no. 3 has initiated coercive measures for recovery of the outstanding loan amount against the petitioner in terms of the provisions contained in Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2.

Since petitioner has a remedy before Debts Recovery Tribunal, therefore, this Court is not inclined to entertain this writ petition.

3.

Learned counsel for the petitioner submits that petitioner shall approach Debts Recovery Tribunal within two weeks' and he further prays that till filing of the application before Debts Recovery Tribunal, some protection may be given to the petitioner.

4.

Having regards to the facts and circumstance of the case, the writ petition is disposed of with liberty to the petitioner to approach Debts Recovery Tribunal within two weeks from today. For a period of two weeks, no coercive action shall be taken against the petitioner.