2025:UHC:9779 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 0 3 8 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Tushar Chauhan & Mr. Rishab Ranghar, Advocate for the petitioners. 2. Mr. Ashish Joshi, Advocate for the respondents. 3. Petitioners took a loan from State Bank of India, Branch Kashipur, Udham Singh Nagar. Since, they defaulted in repayment of the loan, therefore, bank exercised its right under SARFAESI Act, 2002 and auctioned the secured asset. 4. By means of this writ petition, petitioners have sought the following reliefs: - “1. Issue a writ of certiorari quashing the acution sale conducted by the respondent-bank on 9.01.2023 in respect of the petitioner’s mortgaged property situated at Kashipur, District Udham Singh Nagar thereby declaring the auction sale as void ab initio, as the same pertains only to one co-owner’s undivided portion of a single commercial building. 2. Issue a writ of mandamus directing the respondents to consider and accept the petitioner’s compromise proposal dated 30.05.2023 and to adjust the Rs.11,00,000/- token money already deposited towards such settlement.” 5. Since the auction sale was made, as per provisions of the SARFAESI Act, therefore, the grievance if any raised by 2025:UHC:9779 the petitioners, can be looked into only by the Tribunal established under Section 17 of SARFAESI Act. 6. The writ petition is, accordingly disposed of with liberty to the petitioners to approach the Tribunal concerned. For a period of one week from today, sale deed shall not be executed, if already not executed. ( Man oj Ku m ar Tiw ar i, J.) 06.11.2025 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=3be23325146e76a0642bdf4943fb9046f487df006 da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8756 43AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.06 17:20:52 +05'30'