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2025 DAILYLAW 17132 (UTT)

SHAILENDRA CHANDNA v. THE AUTHORIZED OFFICER

WPMB/1029/2025 · 2025-12-16

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:11226-DB No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 16.12.2025 WPMB No.1029 of 2025 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Su bh ash Upadh yay , J. ( Per : Hon ’ble Man oj Ku m ar Tiw ar i, J.) Mr. Anchit Khokher, learned counsel for the petitioner. 2. Mr. Shubhang Dobhal, learned counsel for the respondent. 3. Petitioner is a borrower against whom proceedings under SARFAESI Act, 2002 were initiated due to default in repayment of the loan. 4. By means of this writ petition, petitioner has sought the following relief(s): “i) Issue a writ, order or direction in the nature of certiorari, quashing the auction notice dated 03.11.2025 issued by the respondent bank. ii) Issue a writ, order or direction in the nature of mandamus directing the respondent bank to not auction/sale petitioner's mortgaged property. iii) Issue a writ, order or direction in the nature of mandamus directing the respondent bank to not take any further action under SARFAESI Act till the decision of the securitization application no. 326 of 2025 pending before Learned DRT, Dehradun. iv) Issue a writ, order or direction in the nature of mandamus directing the Learned DRT, Dehradun to grant opportunity to petitioner to pay outstanding amount in securitization application no. 326 of 2025 pending before Learned DRT, Dehradun. v) Issue a writ, order or direction in the nature of mandamus directing the respondent bank to provide the petitioner with the calculation sheet of loan account and copy of all the loaning and security documents executed by the petitioner no.1 2025:UHC:11226-DB during the processing of the credit facility. vi) Issue a writ, order or direction in the nature of mandamus directing the respondent to recalculate the remaining balance loan amount after proper deduction of the already paid amount after granting an opportunity of hearing to the petitioner. vii) Issue a writ, order or direction in the nature of mandamus directing the respondent to settle the loan account of petitioner by allowing the petitioner to pay all the outstanding loan installments within a short time keeping in mind the financial condition of the petitioner. viii) Pass such further orders or directions which are just and proper in the facts of the case.” 5. Mr. Shubhang Dobhal, learned counsel appearing for UCO Bank, on instructions, submits that pursuant to auction notice dated 03.11.2025 auction sale of secured asset was made on 28.11.2025. He submits that in the auction, the secured asset fetched Rs.80.50 lakh as consideration. 6. Admittedly, petitioner has approached DRT by moving securitization application under Section 17, therefore, the relief as claimed by petitioner cannot be granted in this writ petition. 7. In view of the above, the writ petition is disposed of with liberty to the petitioner to seek appropriate relief from the DRT. ( Su bh ash Upadh y ay , J.) ( Man oj Ku m ar Tiw ar i, J.) 16.12.2025 SS