2021 (3) TMI 1462

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....ion 13(4) of the Act, of taking over of the possession over the mortgaged property in question, has already been undertaken by the respondents, though petitioner in his petition alleges that the possession, has been taken forcefully, when he was not available over the property in question and his family members, who were residing alone there in the premises, were forcefully dispossessed. 2. Learned counsel for the petitioners contends that during the pendency of the proceedings before the D.R.T, which was initiated by the petitioners pursuant to the earlier directions, which was issued by this Court, in fact, he had drawn proceedings under Section 17 of the SARFAESI Act, 2002, in compliance of the judgement dated 29.01.2021, which was re....

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.... 18.02.2021 passed by the DRT Dehradun. ii) Issue a writ, order or direction in the nature of mandamus, commanding/directing the Debts Recovery Tribunal, Dehradun to decide the S.A. No. 16.2.2021, Smt. Rakhi Bera and another Vs. District Magistrate, Haridwar & others, expeditiously as possible, with in a period stipulated framed by this Hon'ble court. iii) issue any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioners. iv) cost of the petition be awarded in favour of the petitioners." 4. The petitioners' case has also been that on account of non- compliance of the order dated 18.02.2021, he has also filed an application before the....

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....the pending application, the writ would not be the remedy, which is available to the petitoner. 7. Learned counsel for the petitioners contends that the embargo of sub Section (6) of Section 17, would not be applicable for him for the reason, being that the enforcement which he is seeking before the DRT, is at present to the interim order, which was passed on 18.02.2021 for restoring his possession over the one room and hence it would not be an application contemplated under Section 13(4) of the Act as referred to under sub Section (1) of Section 17, which contemplates a recourse to any "measures", which is contemplated under Section 13(4) of the SARFAESI Act, 2002. If Section 13(4) of the Act, itself is taken into consideration, the mea....