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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Ankit Malhotra - Appellant
Versus
Reliance Home Finance Ltd - Respondent
Writ Petition (M/S) No. 2745 of 2021
Decided On : 21-12-2021
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Notice Issued Under Section 13(4) - Court provides relief to petitioner by restraining coercive action until a specified date.
Fact of the Case:
Petitioner aggrieved by notice under Section 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, seeks immediate relief due to limited sitting of Debts Recovery Tribunal.
Finding of the Court:
Court provides relief by restraining coercive action against the petitioner until a specified date, considering the circumstances.
Issues: Limited sitting of Debts Recovery Tribunal, urgency for immediate relief, and the petitioner's approach to the Court.
Ratio Decidendi: The Court's decision is influenced by the urgency for relief due to limited sitting of the tribunal and the petitioner's approach, providing temporary relief until a specified date.
Final Decision: Writ petition stands disposed of with the provision that no coercive action shall be taken against the petitioner until 14.01.2022.
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner is aggrieved by a notice issued against him under Section 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. According to him, Debts Recovery Tribunal, Dehradun is sitting only on Fridays’, that too virtually and since the file has to go for sanitization, thus grant of immediate relief is not possible, therefore, petitioner has approached this Court.
2. Learned counsel for the petitioner submits that he will file Securitization Application on or before 31.12.2021.
3. Having regard to the facts and circumstances of the case, it is provided that till 14.01.2022, no coercive action shall be taken against the petitioner.
4. With the aforesaid observation, the writ petition stands disposed of.
5. Let a certified copy of this order be issued today itself.
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