2026:UHC:1202-DB I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE CHI EF JUSTI CE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTI CE MR. SUBHASH UPADHYAY Special Appeal No.19 of 2026 24 February, 2026 Abhishek Arora -----Appellant Versus State Bank of India and Others ----Respondents ---------------------------------------------------------------------- Presence:- Mr. Sagar Kothari, learned counsel for the appellant. Mr. Shobhit Joshi, learned counsel holding brief of Mr. Ashish Joshi, learned counsel for respondent nos.1 and 2. Mr. Rishab Ranghar (through V.C.) and Mr. Tushar Chauhan, learned counsel for respondent nos.3, 4 & 5. ---------------------------------------------------------------------- ORDER: 1. The present special appeal is directed against the order dated 06.11.2025 passed by learned Single Judge in WPMS No.3038 of 2025 whereby the writ petition filed by respondent nos.3, 4 and 5 challenging the auction proceedings held under the provisions of the SARFAESI Act was dismissed with liberty to them to approach the Tribunal under Section 17 of the Act. 2. Learned counsel for the appellant after making submissions at some length states that the appellant has already filed objection before the Tribunal stating that the securitization application filed by respondent nos.3, 4 and 5 is barred by limitation and the appellant be permitted to withdraw the instant appeal and press his objection before the Tribunal. 1 2026:UHC:1202-DB 3. Having regard to the prayer made, the appeal is disposed of as withdrawn with liberty to the appellant to press his objection which has been filed before the Tribunal. 4. Pending application, if any, also stands disposed of. ( MANOJ KUMAR GUPTA, C. J.) ( SUBHASH UPADHYAY, J.) Dated: 24.02.2026 SS 2 SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a638 0d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72C 42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2026.02.25 09:58:47 +05'30'