IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND THE HON’BLE SRI JUSTICE SUBHASH UPADHYAY SPECIAL APPEAL NO. 09 OF 2025 8TH JANUARY, 2026 Canara Bank and others …… Appellant Versus Gunjan Sah and others …… Respondents Counsel for the appellant : Mr. Ashish Joshi, learned counsel Counsel for the respondents : Mr. D.S. Patni, learned Senior Counsel assisted by Mr. Dharmendra Barthwal, learned counsel for respondent No. 1 / applicant : Mr. Dushyant Mainali, learned counsel (through VC) for respondent Nos. 2 to 6, 8 to 12 The Court made the following: ORDER: (per Hon’ble The Chief Justice Sri G. Narendar) MODIFICATION APPLICATION (MCC No. 11 of 2026) 1. The instant application is made in an appeal disposed of by this Court by remanding the issue to the DRT for consideration by framing certain issues and which 1 issues were directed to be tried as preliminary issue by the DRT. The said appeal came to be disposed of vide order dated 14.11.2025. 2. The learned counsel submits that throughout the proceedings this Court by an interim order dated 26.03.2025 had protected the appellant / applicant from any adverse action, and the bank guarantees furnished by the other parties were directed to be kept alive till the disposal of the proceedings before the DRT. 3. As rightly pointed out by the learned Senior Counsel, this Court had all along protected the interest of the appellant, but while disposing of the appeal, the said protection has not been continued in the order. In that view, we are of the opinion that it would be inequitable if such protection, as granted in the appeal, is not extended and despite having succeeded in the appeal could land the appellant / applicant in troubled waters. In that view, we are of the opinion that the instant application merits consideration. 4. Accordingly, the interim protection granted earlier shall continue till the disposal of the proceedings before the Debt Recovery Authority. 2 5. Modification application (MCC No. 11 of 2026) stands ordered accordingly. _____________ G. NARENDAR, C.J. _________________ SUBHASH UPADHYAY, J. Dt: 8TH JANUARY, 2026 Negi 3