RANI SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner and her husband jointly took a housing loan from Indian Overseas Bank, Branch Kashipur, District Udham Singh Nagar. Since petitioner defaulted in repayment of loan, therefore, respondent bank has initiated recovery proceeding by invoking provision of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "SARFAESI Act"). Thus, feeling aggrieved, petitioner has approached this Court.

(2.) By means of this writ petition, petitioner has sought following relief:-

(3.) Mr. B.D. Pande, learned counsel appearing for the petitioner submits that since Debt Recovery Tribunal, Dehradun is not functioning due to non-availability of Presiding Officer, therefore, petitioner is unable to seek the remedy provided under Sec. 17 of SARFAESI Act.