2026:UHC:1260-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHI EF JUSTI CE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTI CE SHRI SUBHASH UPADHYAY 25th February, 2026 Writ Petition (M/B) No.115 of 2026 Ravi Kumar -----Petitioner Versus The Nainital Bank Limited & Ors. -----Respondents ---------------------------------------------------------------------- Presence:- Ms. Amreen Bano, learned counsel for the petitioner. Mr. Anil Kumar Joshi, learned counsel for the respondents/Bank. JUDGMENT: ( per Man oj Ku m ar Gu pt a, C.J.) 1. The petitioner has prayed for a writ of certiorari quashing impugned sale notice dated 22.01.2026 and possession notice dated 11.05.2023 issued by respondent no.2 under the provisions of the SARFAESI Act. 2. It is not disputed before us that the petitioner has availed financial assistance from the respondent–Bank and has defaulted in repayment of the loan. 3. Learned counsel for the petitioner submits that the petitioner is ready to pay the outstanding dues of the respondent-Bank along with interest in installments, to which, learned counsel for the respondent-Bank has no objection. He fairly states that the auction fixed for 1 2026:UHC:1260-DB 07.02.2026 was not held. He further states that as on 22.01.2026, the total amount due along with interest against the petitioner is ₹38,23,434/ -. 4. Accordingly, with consent of counsel for the parties, the writ petition is disposed of as follows: (i) The petitioner shall deposit 20% of the aforesaid amount on or before 06.03.2026, i.e., before 09.03.2026, the next date fixed for auction. The remaining amount shall be deposited by the petitioner in three equal bimonthly installments in next six months. (ii) In case of default in compliance with any of the conditions stipulated above, the instant order will be of no avail and it shall become open to the respondent-Bank to proceed further in the matter, in accordance with law. 5. Pending application, if any, also stands disposed of. ( MANOJ KUMAR GUPTA, C.J.) ( SUBHASH UPADHYAY, J.) Dated: 25.02.2026 Kaushal 2