Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPMS No.773 of 2026 Bhawana Bisht
……….Petitioner
Versus
Piramal Finance Ltd. ....Respondent
Hon’ble Pankaj Purohit, J.
Mr. B.D. Pande, learned counsel for the petitioner.
2. Mr. Pallav Sharma,
learned counsel for the respondent (appeared through V.C.).
3. This writ petition has been filed by the petitioner challenging the auction notice, Annexure-1 to the writ petition, whereby the property, i.e., the secured asset of a loan advanced to Pradeep Singh Dogra and Geeta Dogra, is put to auction. The date of auction was fixed on
28.03.2026.
4. It is contended by learned counsel for the petitioner that the petitioner is the owner of the property, which has fraudulently been transferred by way of a fictitious sale deed in favour of the borrowers-Pradeep Singh Dogra and Geeta Dogra, who may have made the property a secured asset for the loan advanced to them. He further submits that the sale deed in-question was put to challenge by the petitioner in Civil Suit No. 79 of 2024, Smt. Bhawna Bisht vs. Smt. Geeta Dogra & another, pending in the court of Civil Judge (S.D.), Haldwani, Nainital, wherein the petitioner has prayed for cancellation of the sale deed.
5. It is submitted by learned counsel for the petitioner that on the basis of the fictitious sale deed, the property which the petitioner owns was made a secured asset for the loan advanced to Pradeep Singh Dogra and Geeta Dogra.
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6. Since the petitioner has a remedy to challenge the auction notice before the DRT under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act, 2002”), therefore, this Court does not want to interfere in the present matter, inasmuch as, the issue definitely involves several questions of fact.
7. In such view of the matter, the writ petition is
disposed of with a direction to the petitioner to avail the statutory remedy available to her under the SARFAESI Act, 2002 by filing an application before the DRT concerned. However, keeping in view the facts and circumstances of the case, only this much is provided that, for a period of 15 days from today, no auction of the property, i.e., the secured asset, shall be made by the respondents, so that the petitioner may avail the remedy before the DRT concerned.
(Pankaj Purohit, J.)
02.04.2026 AK