2025:UHC:11162 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PMS 3 4 1 6 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Ms. Swati, Advocate, i/ b Mr. Rachit Manglik, Advocate for the petitioner. Mr. Siddharth Jain, Advocate, for the respondent. (2) Petitioner took term loan as well as cash credit lim it from Bank of Baroda, Branch Kashipur, District Udham Singh Nagar. Since there was default in repayment of the loan, therefore, bank invoked its powers under the SARFAESI Act. Thus feeling aggrieved, petitioner has approached this Court seeking the following reliefs: “a. Issue a Writ of mandamus directing Respondent to restructure the loan account bearing number 08050600002965 and 08050200000767 in the name of Petitioner as per the guidelines issued by the RBI; and/ or b. To restore the possession of the Petitioner of the food processing unit situated at Himalayan Food Park, Khasra No. 304 & 305, Plot No. 8/ 1, Hahuakheragang, Kashipur, Uttarakhand; and/ or c. Pass an status quo order till the pendency of the present Writ Petition and direct Respondent not to take any coercive action; ” (3) Learned Counsel appearing for the bank, on instructions, however submits that plant and machinery of the industrial unit of the petitioner were sold out in a public auction, held on 6.11.2025 and physical possession of the sold property was handed over to the auction purchaser on 19.11.2025. He has produced in Court the sale certificate dated 19.11.2025, which is taken on record. 2025:UHC:11162 (4) In view of the statement made by learned Counsel for the bank, there cannot be any direction to restructure the loan, as third party interest has come into existence. Writ petition is, accordingly, disposed of with liberty to petitioner to approach appropriate forum available under law. ( Man oj Ku m ar Tiw ar i, J.) 1 5 .1 2 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503 , postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F 3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.15 16:17:50 +05'30' 2025:UHC:11162