2026:UHC:154 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 1 8 1 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Karmanya Pandey & Mr. Dharmendra Barthwal, Advocates for the petitioner. 2. Mr. Ashish Joshi, Advocate for respondent no. 1. 3. Mr. Siddhartha Sah, Advocate for respondent no. 12. 4. According to the petitioner, he has been fraudulently arrayed as guarantor, in respect of a loan taken by the respondent no. 4 from Almora Urban Cooperative Bank Ltd. 5. Mr. Ashish Joshi, learned counsel appearing for Canara Bank, however, submits that the said loan was taken over by Canara Bank from Almora Urban Cooperative Bank Ltd. in 2022. 6. By means of this writ petition, petitioner has sought the following reliefs: - i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated Nil (received on 21-12-2024) passed by Authorized Officer Canara Bank/ respondent no. 01 (contained as Annexure no. 18 to this writ petition) and further be pleased to direct the respondents not to take any further action under SARFAESI Act, 2002 in so far as the petitioner's property (i.e. Old Khasra No. 133 min, area 318.40 Sq. meter and Old Khasra No. 134 min, area 158.06 now New Khasra No. 593 total area 476.46 Sq. meter situated at Durga Vihar Colony, Mauza Kusumkhera, Near Central Hospital, Tehsil Haldwani, District Nainital) is concerned. ii) issue a writ order or direction in the nature of mandamus directing the respondent no. 1 bank to forthwith return the title deeds of the petitioner's 2026:UHC:154 property (i.e. Old Khasra No. 133 min, area 318.40 Sq. meter and Old Khasra No. 134 min, area 158.06 now New Khasra No. 593 total area 476.46 Sq. meter situated at Durga Vihar Colony, Mauza Kusumkhera, Near Central Hospital, Tehsil Haldwani, District Nainital is concerned. 7. Learned counsel for the petitioner submits that petitioner did not execute any mortgage deed with Canara Bank, therefore, the proceedings initiated by Canara Bank by invoking provisions of SARFAESI Act, 2002 against the petitioner is without jurisdiction. 8. Mr. Ashish Joshi, learned counsel appearing for Canara Bank, however, submits that a notice under Section 13(2) of SARFAESI Act, 2002 was issued to the petitioner, which was duly replied by the petitioner and thereafter order under Section 13 (4) of the said Act was passed. He further submits that order was passed by District Magistrate by invoking power under Section 14 of the Act and actual physical possession of the secured asset has also been taken by Canara Bank on 18.12.2025 and now e-auction is scheduled to be held on 9.1.2026. He submits that if petitioner has any grievance in the matter, then he could have approached the Debts Recovery Tribunal under Section 17 of SARFAESI Act, 2002. 9. This Court finds substance in the submission made by Mr. Ashish Joshi. 10. Since petitioner has raised a dispute that he has not executed any mortgaged deed in favour of Canara Bank, which is basically a question of fact and can only be decided by a competent forum. Since SARFAESI Act provides a forum under Section 17 of the Act, therefore, the public law remedy under Article 226 of the Constitution cannot be invoked for 2026:UHC:154 achieving the result, which can be achieved under Section 17. 11. The writ petition is, accordingly, disposed of with liberty to the petitioner to approach the Debts Recovery Tribunal under Section 17 of SARFAESI Act, 2002. It shall be open to the petitioner to raise all contentions, including the contention, as referred above. Observation, if any, made in this order, will not prejudice the case of the petitioner before the Debts Recovery Tribunal. For a period of 72 hours, no coercive action shall be taken against the petitioner. ( Man oj Ku m ar Tiw ar i, J.) 5.1.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487d f006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.01.05 17:56:27 +05'30'