IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 62 (M/S) of 2010 Ajit Kumar Agarwal, S /o Sri Ved Prakash Agarwal, R/o House No. 448, Hira Nagar, Jail Road, Haldwani, District – Nainital. …..…..Petitioner. Versus 1. District Magistrate, District – Nainital, Uttarakhand. 2. GIC Housing Finance Ltd. 104 & 105, 1st floor, Vishal Chambers, P -1, Sector – 18, Noida 201301. …….Respondents. Hon’ble Prafulla C. Pant, J. Mr. Sanjay Bhatt, Advocate present for the petitioner. Mr. K. P. Upadhyay, Additional Chief Standing Counsel present for respondent no. 1. Urgency application no. 270 of 2010 is allowed. Heard learned counsel for the parties. By means of this writ petition, petitioner has challenged the order dated 01.09.2009 passed by District Magistrate, Nainital whereby on the request of respondent no. 2 creditor, necessary police force has been directed to be provided. From the perusal of the impugned order, copy of which is annexure no. 7 to the writ petition, it appears that the proceedings have been drawn under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by the creditor. 2 Annexure no. 5 to the writ petition shows that notice under section 13 (2) was issued under the aforesaid Act. Provision relating to taking of possession is provided under sub Section (4) of Section 13 of the Act. Section 17 of the Act provides appeal before the Debt Recovery Tribunal by the person aggrieved. Learned counsel for the petitioner at this stage prays for and is allowed to withdraw the writ petition with liberty to seek the remedy available to him under law. Writ petition is dismissed as withdrawn with liberty as above. All the pending applications including stay application no. 172 of 2010 stand disposed of. (Prafulla C. Pant, J.) Vacation Judge 19.01.2010 SKS