WPMS/642/2024 of SANDEEP SUKHIJA Vs DISTRICT MAGISTRATE UDHAM SINGH NAGAR

Court: Uttarakhand High Court
Decision date: 2024-11-04
Case number: 642 of 2024

Parties

WPMS/642/2024 of SANDEEP SUKHIJA (PETITIONER)
DISTRICT MAGISTRATE UDHAM SINGH NAGAR (RESPONDENT)

Statutes cited (1)

indian penal code (1860)

Full text

solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus

Show all Body

|**No**|**Date**|**Office Notes,** **reports, orders or** **proceedings or** **directions and** **Registrar’s order** **with Signatures**||**COURT’S OR JUDGES’S ORDERS**|
|---|---|---|---|---|
|||||WPMS No. 642 of 2024 **Hon’ble Man oj Ku m ar Tiw ar i, J.** (1) Mr. B.S. Koranga, learned counsel for petitioner. (2) Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. (3) Mr. Ashutosh Thakral, learned counsel for respondent – Bank. (4) Petitioner is borrower, who has defaulted in repayment of loan. The lending Bank i.e. Canara Bank filed an application under provision of Recovery of Debts and Bankruptcy Act, 1993 against the petitioner, which is pending before Debts Recovery Tribunal. Pursuant to interim order passed in the said case, Advocate Commissioner has been appointed. (5) Petitioner has filed this writ petition, seeking the following relief: - (i) Issue writ order or direction in the nature of Mandamus directing the respondents not to attach or take possession of the mortgaged properties of the petitioner i.e. (i) I ndustrial property bearing Plot No. 4 & 5 situated at Mini I ndustrial Estate, Village Kishanpur, Tehsil Kichha, Udham Singh Nagar, admeasuring area 331.68 sq.mtr and (ii) Industrial Property bearing Plot No. 6 , Khet No. 1941P, 1942P, 1943P and 1944P situated at Industrial Estate, Patal Devi, Village Pandey Kola, Industrial Estate, Patal Devi, Tehsil & District Almora Uttarakhand admeasuring area200 sq. Ft.|

||||(ii) Issue writ order or direction in the nature of Mandamus directing the respondents to permit the petitioner to pay the remaining amount of OTS Rs. 45,50,000, which OTS proposal was accepted by the bank vide letter dated 29.03.2023 (Annexure-I) within three months from the date of convey of sanction. (6) Since the matter is already pending before Debts Recovery Tribunal, this Court is not inclined to entertain this writ petition. (7) Accordingly, writ petition is dismissed with liberty to petitioner to seek his remedy before appropriate Forum. **( Man oj Ku m ar Tiw ar i, J.)** 11.03.2024. _Aswal_|
|---|---|---|---|