2025:UHC:7658 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2546/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Narendra Bali, Advocate for the petitioner. 2. Mr. Vikas Kumar Guglani, Advocate for the respondent. 3. Petitioner took a loan of `2.50 crore from Union Bank of India, Branch Haldwani. Since petitioner could not repay the loan in time, therefore, the bank initiated proceedings under SARFAESI Act, 2002 against the petitioner. 4. Petitioner has approached Debts Recovery Tribunal under Section 17 of the SARFAESI Act, challenging the auction notice issued by the bank. No interim order has been passed by the Debts Recovery Tribunal in his favour. 5. By means of this writ petition, petitioner has sought the following reliefs:- “1. A writ order or direction in the nature of Certiorari quashing the impugned Auction Notice dated 5.8.2025 (Annexure-1) issued by the respondent Bank Authority. 2. A writ order or direction in the nature of Mandamus directing the respondent to consider the request of the petitioner of Section 13 (8) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.” 6. The first relief cannot be granted by this Court, as the petitioner is already before the Debts Recovery Tribunal. As regards the second relief, Mr. Vikas 2025:UHC:7658 Guglani, learned counsel appearing for the bank submits that if petitioner submits a proposal for One Time Settlement and also deposits `50 lacs to show his bonafide, then the Competent Authority in the bank may consider his proposal for One Time Settlement. 7. Mr. Narendra Bali, learned counsel for the petitioner, on instructions, submits that petitioner will deposit `50 lacs, by 03.09.2025 and he will also submit a proposal, therefore, the Competent Authority be directed to take decision on the proposal for One Time Settlement submitted by the petitioner. 8. Having regard to the consensus between learned counsel for the parties, the writ petition is disposed of by permitting petitioner to submit a proposal for One Time Settlement by 03.09.2025. He shall also deposit `50 lacs through bank draft with the bank. Subject to petitioner depositing `50 lacs by 03.09.2025, the sale certificate shall not be issued in favour of the highest bidder, however, the auction proceeding may be held. 9. Subject to petitioner depositing of the amount, status quo qua the secured asset, shall be maintained till decision is taken on his proposal. (Manoj Kumar Tiwari, J.) 28.08.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87 5643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.28 17:52:24 +05'30'