Veena Devi vs Canara Bank And Another

Manoj Kumar Tiwari, J

Son of the petitioner took a loan from Canara Bank, but unfortunately, he passed-away in the month of February, 2021 and now, the lending Bank

has initiated recovery proceedings by invoking provision of SARFAESI Act, 2002. Thus, feeling aggrieved, petitioner has approached this Court.

Learned counsel for the petitioner submits that petitioner is a widow, aged more than 61 years, and she had no idea that her son had taken loan. He

further submits that petitioner had moved a securitization application in the month of November, 2021, which is numbered as SA No.162 of 2021

before Debts Recovery Tribunal, Dehradun. He further submits that Debts Recovery Tribunal, Dehradun is lying vacant and officiating charge has

been given to Presiding Officer, Lucknow, however the said Presiding Officer is on leave from 22.12.2021 till 31.12.2021. Learned counsel further

submits that lending bank has put the secured assets of the petitioner for auction sale, which is scheduled to be held on 31.12.2021. He further submits

that limited protection be given to the petitioner till consideration of the interim relief application by Debts Recovery Tribunal, Dehradun.

Having regard to the fact that petitioner’s securitization application is pending, in which next date fixed is 10.01.2022, the writ petition is

disposed of with a request to Debts Recovery Tribunal, Dehradun to consider petitioner’s interim relief application, on the next date fixed i.e.,

10.01.2022. Till 10.01.2022, the auction sale of the secured assets of the petitioner, if made, shall not be confirmed.

It is made clear that Debts Recovery Tribunal, Dehradun shall consider petitioner’s interim relief application untrammelled by any observation

made in this order.

Let a certified copy of the order be supplied to the learned counsel for the parties today itself.