VIJAYA PANDEY Vs. UCO BANK LTD.

JUDGEMENT

(1.) Heard Sri Rajendra Dobhal, learned counsel for the appellant- Bank, Ms. Vijaya Pandey, respondent-writ petitioner-in-person, and Sri Chetan Joshi who appeared as Amicus Curiae before the learned single Judge.

(2.) This appeal is preferred against the interlocutory order passed by the learned single Judge in Writ Petition (M/S) No. 585 of 2020 dated 12.12.2019, whereby the learned single Judge had directed that, till the next date of listing, the effect and operation of the impugned order dated 12.12.2019, passed by the District Magistrate, Dehradun, shall remain stayed.

(3.) In the order under appeal, the learned single Judge noted that the District Magistrate had passed an order under d; the respondent-writ petitioner had approached the Debt Recovery Tribunal, Dehradun; the Tribunal had, by its order dated 12.07.2019, set aside the order dated 29.12.2018 passed by the District Magistrate under Section 14 of the Act, and had directed him to take a decision in the matter afresh, after following principles of natural justice, and after giving due hearing to the parties; it was contended, on behalf of the respondent-writ petitioner, that the District Magistrate had pas-sed another order dated 25.11.2019 whereby he had stayed his earlier order dated 29.12.2018, which was set aside by the Debt Recovery Tribunal; and the District Magistrate had passed another order under Section 14 of the SARFAESI Act, on 12.12.2019 without hearing the petitioner.