LAWS(UTN)-2021-12-92

SADAKAT HUSSAIN Vs. ZILA SAHKARI BANK LTD.

Decided On December 16, 2021
Sadakat Hussain Appellant
V/S
ZILA SAHKARI BANK LTD. Respondents

JUDGEMENT

(1.) Petitioner took a loan of Rs.20,00,000.00 from District Cooperative Bank Ltd., Branch Roorkee, District Haridwar in the year 2008. Since petitioner defaulted in repayment of loan, therefore, proceedings were initiated against them for recovery of the outstanding dues by invoking provisions contained in SARFAESI Act. Petitioner has filed this petition challenging the sale notice dtd. 13/9/2021.

(2.) Learned counsel for the petitioner submits that petitioner has already approached Debts Recovery Tribunal under Sec. 17 of SARFAESI Act, however, due to vacancy on the post of Presiding Officer in Debts Recovery Tribunal, Dehradun, no order could be passed on petitioner's securitization application.

(3.) Learned Additional C.S.C. fairly submits that Presiding Officer of Debts Recovery Tribunal, Dehradun is yet to be appointed, which may take some time.