2025:UHC:7256-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA SPECIAL APPEAL NO. 203 OF 2025 18TH AUGUST, 2025 Santosh Tyagi …..Appellant. Versus Utkarsh Small Finance Bank Ltd. & others ….Respondents. Counsel for the Appellant : Mr. Ajay Veer Pundir, learned counsel. Counsel for the Respondent No.1 : Mr. Ashutosh Thakral, learned counsel. Counsel for the State : Mr. P.C. Bisht, learned Additional Chief Standing Counsel. The Court made the following: JUDGMENT:(per Hon’ble The Chief Justice Sri G. Narendar) Delay Condonation Application (IA No.02 of 2025) For the reasons stated in the Application seeking condonation of delay, the delay of 146 days in preferring the instant Special Appeal is condoned. Accordingly, the Application (IA No.01 and 2025) seeking condonation of delay, stands allowed. Special Appeal No.203 of 2025 2. Heard learned counsel for the appellant, learned counsel for the Bank and learned State Counsel. 3. The appellant is seeking leave to appeal the order dated 10.02.2025. On a query, it is submitted that the appellant was not the party-respondent before the learned Single Judge. 2025:UHC:7256-DB 4. If the appellant is aggrieved by the orders of the learned Single Judge, then the appropriate remedy would have been by way of a review petition, as the appeal cannot be adjudicated on new facts, which are neither pleaded nor adjudicated by the learned Single Judge. 5. In that view, the instant special appeal is dismissed with liberty to the appellant to seek remedy in accordance with law. 6. Pending application, if any, also stands disposed of. (G. NARENDAR, C.J.) (ALOK MAHRA, J.) Dated: 18th August, 2025 NISHANT NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452 b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD196169 0560487E670C, cn=NISHANT KUMAR Date: 2025.08.25 11:13:53 +05'30'