HARBANS SINGH Vs. UTTARAKHAND GRAMIN BANK

JUDGEMENT

(1.) Petitioner is a borrower against whom the lending bank has initiated proceedings under SARFAESI Act. Petitioner had earlier filed Writ Petition (M/S) No. 1879 of 2021, which was dismissed by Co-ordinate Bench of this Court vide order dtd. 16/9/2021, with liberty to petitioner to approach Debts Recovery Tribunal, constituted under Sec. 17 of SARFAESI Act.

(2.) In this writ petition, petitioner has contended that since there is no Presiding Officer in Debts Recovery Tribunal, Dehradun for the last several months, therefore, despite filing the securitization application, under Sec. 17 of the aforesaid Act, petitioner is not able to get any relief.

(3.) Learned counsel for the respondent-Bank also does not dispute the fact that securitization application filed by the petitioner is pending before Debts Recovery Tribunal, Dehradun. He also fairly concedes that Debts Recovery Tribunal is not functioning at Dehradun, due to non-availability of Presiding Officer.