2025:UHC:10162 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 6 3 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Ms. Priyanka Agrawal, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Anil Kumar Joshi, learned counsel for the respondent-Bank. 4. Petitioner is a guarantor. He has sought the following reliefs in this writ petition: - (i) Issue a writ, order or direction in the nature of certiorari quashing the E-Auction Sale Notice dated 17.10.2025 & 18.10.2025 published by the respondent bank in English and Hindi Newspaper respectively for auctioning the property bearing Khata No. 57, Khasra No. 173 Min total admeasuring 0.8919 hectares situated at Village Baksaura Jaspur-Kashipur Road, District Udham Singh Nagar (hereinafter referred to as Property in Dispute) belonging to the petitioner (who is a guarantor), whereby the date of E-Auction is fixed for 21.11.2025. (Annexure No. 1) (ii) Issue a writ, order or direction in the nature of certiorari quashing order dated 22.01.2020 passed by the respondent no. 2 under section 14 of the SARFAESI Act (Annexure No. 7). (iii) Issue a writ, order or direction in the nature of Mandamus directing the respondent bank not to sell the property in dispute belonging to the petitioner in pursuant to the e-auction notice dated 17.10.2025 and 18.10.2025. 5. Learned counsel for the Bank submits that securitization application has been filed by principal borrower before Debts Recovery Tribunal, in which petitioner is also added as applicant no. 4. Thus, he submits that petitioner 2025:UHC:10162 cannot now be permitted to file separate petition challenging the possession notice and the subsequent steps taken by the Bank Authorities. 6. This Court finds substance in the said submission made by learned counsel for the Bank. Since securitization application was filed by principal borrower in which petitioner is also a party, therefore, petitioner cannot be permitted to file separate writ petition, challenging the possession notice. 7. The writ petition is, accordingly, disposed of with liberty to petitioner to pursue his remedy before Debts Recovery Tribunal. However, this order will not preclude petitioner from moving application before Debts Recovery Tribunal for appropriate relief. ( Man oj Ku m ar Tiw ar i, J) 17.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5853172 6FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.17 05:16:54 -08'00'