JUDGMENT

Manoj Kumar Tiwari, J. - Petitioner is a borrower against whom proceedings have been initiated by the lending Bank under SARFAESI Act, 2002. In this writ petition, petitioner has challenged the possession notice issued on 31.07.2021, under Section 14 of SARFAESI Act, 2002.

2. Learned counsel for the petitioner submits that due to non-availability of Presiding Officer in Debts Recovery Tribunal, Dehradun, remedy under Section 17 of SARFAESI Act, 2002 has become illusory. He further submits that in view of peculiar circumstances of the case, petitioner is entitled for protection till he obtains relief from the forum made available under Section 17 of the SARFAESI Act, 2002. Petitioner's counsel assures that petitioner shall file securitization application under Section 17 of the SARFAESI Act, 2002 before the appropriate forum, within two weeks.

3. Learned counsel for the respondent-Bank admits that Debts Recovery Tribunal at Dehradun is presently vacant and appointment of new Presiding Officer is possible within three weeks. He, however, submits that the secured assets have now been put up for public auction, which is scheduled to be held on 11.01.2022. He further apprised the