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2023 Supreme(UK) 76

RAVINDRA MAITHANI
Hotel Golden Tulip, A Unit Of Surgio And Medico Centre – Appellant
Versus
Punjab National Bank – Respondent


Advocates appeared:
Ajay Veer Pundir, Advocate, Ashish Joshi, Advocate

JUDGMENT

Ravindra Maithani, J. - By means of instant petition, the petitioner seeks the following relief:-

    '(i) Issue a writ, order or direction in the nature of mandamus, commanding/ directing the Ld. Debts Recover Tribunal of Uttarakhand at Dehradun to pass an appropriate order in accordance with law on the application of the petitioner filed under Section 340 Cr.P.C. (Annexure No.4 to this writ petition) within the stipulated period fixed by this Hon'ble Court.'

    2. Heard learned counsel for the parties and perused the record. Learned counsel for the petitioner and learned counsel for respondent no. 1 appeared through video conferencing.

    3. It appears that the respondent-Bank filed a suit for recovery of money against the petitioner before the Debts Recovery Tribunal, Dehradun ('the DRT'). The petitioner had already filed a Caveat, which was in order. The petitioner also filed a preliminary objections with a request to dismiss the Original Application ('the OA'), filed by the respondent-Bank. By the order dated 05.01.2023, the DRT observed that the objections are not properly stamped. The DRT fixed 08.02.2023 for further proceedings, while giving opportunity to the petitioner and oth

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