Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10094 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
W PMS/ 3 1 7 1 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J.
Mr. Dileep Chandra Mathor, Advocate for the petitioner.
2. Mr. Ashish Joshi, Advocate for the respondent.
3. Petitioner has challenged a notice issued by Branch Manager, Canara Bank, Station Sub Area Cantt., Dehradun, on
27.10.2025. By the said notice, petitioner was called upon to deposit `10,94,422.60/ - with interest within fifteen days and petitioner was warned that in case of failure on his part, the bank will sell the gold ornaments pledged by him with the bank.
4.
Learned counsel for the petitioner contends that the gold ornaments pledged by him with the bank are going to be sold in a public auction to be held on
17.11.2025. He submits that petitioner took a gold loan of `10,91,000/ - only in the month of August, 2025 and without there being any default in respect of the gold loan, the auction notice issued by the Branch Manager of the concerned bank, is arbitrary and illegal.
2025:UHC:10094
5. In the pre-lunch session, learned counsel for the bank sought time to get instruction in the matter. In the post-lunch session, on instruction, he submits that petitioner has taken another loan in the form of Cash Credit Limit from the bank. The said loan account has become NPA because of persistent default committed by petitioner and as per RBI guidelines, in case of multiple loans by a person, default in one loan account will be treated as default in all the loan accounts and the bank would be at liberty to encash the pledged securities.
6.
Learned counsel for the petitioner submits that petitioner will deposit the entire outstanding amount in the gold loan account with the bank on 17.11.2025 on or before 11: 00 a.m.,
and the respondent-bank be restrained from holding public auction of the gold ornaments, which is scheduled for
17.11.2025.
Learned counsel drew attention of this Court to the pleading made in paragraph no. 12 of the writ petition also, where similar statement is made.
7. Mr. Ashish Joshi, learned counsel for the bank submits that if petitioner fails to
2025:UHC:10094 deposit the entire outstanding amount with other charges in the gold loan account, on or before 11: 00 a.m. on 17.11.2025, then the bank shall be at liberty to proceed with the public auction of the gold ornaments.
8. The writ petition is, accordingly,
disposed of by permitting the petitioner to deposit the entire outstanding dues pending in the gold loan account, along with other charges, with the Branch Manager of the bank on or before 11: 00 a.m., on 17.11.2025. If petitioner deposits the entire outstanding dues, with expenses, on or before the stipulated time, then the bank will not hold any auction of the gold ornaments pledged by the petitioner with the bank. However, in case of failure on the part of the petitioner to abide by the aforesaid condition, then the bank shall be at liberty to proceed against the petitioner, as per law.
( Man oj Ku m ar Tiw ar i, J.)
14.11.2025
Navin