HIGH COURT OF UTTARAKHAND
M/S GILL ENTERPRISES THROUGH ITS PARTNER – Appellant
Versus
THE STATE OF UTTARAKHAND – Respondent
WPMS 2377 / 2021
Office Notes, reports, orders or proceedings SL.
Date or directions COURT’S OR JUDGE’S ORDERS No.
and Registrar’s order with Signatures WPMS/ 2377/ 2021 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Sandeep Kothari, learned counsel for the petitioner.
2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand.
3. Mr. Syed Kashif Jafri, Advocate holding brief of Dr. K.H. Gupta, learned counsel for the respondent – Bank.
4. The writ petition was dismissed for want of prosecution vide order dated 09.10.2025. Today the matter is listed on restoration application.
5. Learned State Counsel does not want to file any objection to the restoration application. Accordingly, restoration application (MCC No. 3 of
2025) is allowed.
6. The order dated 09.10.2025 is recalled. Let the petition be restored to its original number.
7. Heard learned counsel for the parties and perused the record.
8. Petitioner has challenged the order dated 22.01.2020 passed by District Magistrate, Udham Singh Nagar under Section 14 of SARFAESI Act. Perusal of record reveals that petitioner filed Securitization Application No. 140 of 2021 before Debts Recovery Tribunal, Dehradun. Thus, he has invoked the statutory remedy against the order impugned in this petition.
9. Mr. Sandeep Kothari, learned counsel for the petitioner submits that the said securitization application was dismissed for non-prosecution; he submits that petitioner will file restoration application before Debts Recovery Tribunal, within one week from today and DRT be directed to decide the application within stipulated time frame.
10. The writ petition is, accordingly, disposed of by providing that if petitioner files application, seeking restoration of Securitization Application No. 140 of 2021 within one week from today, Debts Recovery Tribunal shall make endeavour to decide the said application within eight weeks thereafter.
(Manoj Kumar Tiwari, J)
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