MANOJ KUMAR TIWARI
Veena Devi – Appellant
Versus
Canara Bank – Respondent
JUDGMENT
Manoj Kumar Tiwari, J. - Son of the petitioner took a loan from Canara Bank, but unfortunately, he passed-away in the month of February, 2021 and now, the lending Bank has initiated recovery proceedings by invoking provision of SARFAESI Act, 2002. Thus, feeling aggrieved, petitioner has approached this Court.
2. Learned counsel for the petitioner submits that petitioner is a widow, aged more than 61 years, and she had no idea that her son had taken loan. He further submits that petitioner had moved a securitization application in the month of November, 2021, which is numbered as SA No.162 of 2021 before Debts Recovery Tribunal, Dehradun. He further submits that Debts Recovery Tribunal, Dehradun is lying vacant and officiating charge has been given to Presiding Officer, Lucknow, however the said Presiding Officer is on leave from 22.12.2021 till 31.12.2021. Learned counsel further submits that lending bank has put the secured assets of the petitioner for auction sale, which is scheduled to be held on 31.12.2021. He further submits that limited protection be given to the petitioner till consideration of the interim relief application by Debts Recovery Tribunal, Dehradun.
3. Hav
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