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2021 Supreme(UK) 484

MANOJ KUMAR TIWARI
Sadakat Hussain – Appellant
Versus
Zila Sahkari Bank Ltd. – Respondent


Advocates Appeared:
Dharmendra Barthwal, Advocate, G.S. Negi, Advocate

JUDGMENT

Manoj Kumar Tiwari, J. - Petitioner took a loan of Rs. 20,00,000/- from District Cooperative Bank Ltd., Branch Roorkee, District Haridwar in the year 2008. Since petitioner defaulted in repayment of loan, therefore, proceedings were initiated against them for recovery of the outstanding dues by invoking provisions contained in SARFAESI Act. Petitioner has filed this petition challenging the sale notice dated 13.09.2021.

2. Learned counsel for the petitioner submits that petitioner has already approached Debts Recovery Tribunal under Section 17 of SARFAESI Act, however, due to vacancy on the post of Presiding Officer in Debts Recovery Tribunal, Dehradun, no order could be passed on petitioner's securitization application.

3. Learned Additional C.S.C. fairly submits that Presiding Officer of Debts Recovery Tribunal, Dehradun is yet to be appointed, which may take some time.

4. Having regard to the fact that petitioner has invoked jurisdiction of Debts Recovery Tribunal, Dehradun under Section 17 of SARFAESI Act, however, on account of non-availability of Presiding Officer, he is unable to get any relief, therefore, it is provided that for a period of four weeks or till appointme

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