WPMS/3634/2024 on 30 December, 2024

Uttarakhand High Court

WPMS/3634/2024 on 30 December, 2024

                                                                                                                           2024:UHC:10012
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                                        H on'ble Pa nk a j Pur ohit , J.

Mr. D.P. Mittal, learned counsel holding brief of Mr.
Shubhr Rastogi, learned counsel for the petitioners.

2. Mr. D.S. Bora, learned Standing Counsel for the State.

3. By means of the present writ petition, petitioners have
sought the indulgence of this Court for quashing the order
dated 05.11.2024, passed by respondent no.1 under Section
14 of the Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 (for
short “The SARFAESI Act“).

4. The fact of the matter is that in respect of the secured
asset, proceedings are already pending before the Debts
Recovery Tribunal. Moreover, the said Tribunal is the
appropriate authority who can look into the matter and
decide the controversy. This Court in exercise of powers
vested under Article 226 of the Constitution of India is not
supposed to enter into the factual matrix of the case.

5. The writ petition is, accordingly, dismissed in limine.

6. It is, however, observed that it shall be open to the
petitioners to move an application before the concerned
Debts Recovery Tribunal seeking to take back their
belongings from the questioned property. If any such
application is moved, the same may be disposed of in
accordance with law.

7. Pending application, if any, stands disposed of
accordingly.

( Pa nk a j Pur ohit , J.)
30.12.2024
AK