UKHC010115242026 2026:UHC:5562-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND HON’BLE SHRI JUSTICE SUBHASH UPADHYAY 08TH JULY, 2026 WRIT PETITION (M/B) No. 560 OF 2026 1: Tanveer Khan 2: Bushra Khan --Petitioners Versus 1: The Authorized Officer 2: The Branch Manager --Respondent Counsel for the petitioners. : Mr. Anchit Khokher, learned counsel. Counsel for the respondents. : Mr. S.K. Jain, learned Senior Counsel assisted by Mr. Divyam Sharma, learned counsel. JUDGMENT : (per Shri Manoj Kumar Gupta, C.J.) 1. The petitioners have assailed a notice dated 23.06.2026 issued to them by the respondent-finance company, a secured creditor, under the provisions of the SARFAESI Act, whereby the petitioners have been put to notice of e-auction of the secured assets (immovable property) scheduled on 13.07.2026. 2. The brief facts are that the petitioners had taken financial assistance of Rupees Seventy Lakhs from the respondents in the year 2022, and since they had defaulted in repayment of the loan, therefore, the secured creditor has issued the impugned notice. 1 UKHC010115242026 2026:UHC:5562-DB 3. Learned counsel for the petitioners submits that the petitioners are ready to pay the entire outstanding dues of the respondents in installments. They are also ready to pay 25% of the total outstanding amount before the date fixed for e- auction, i.e. 13.07.2026. 4. Mr. S.K. Jain, learned Senior Counsel assisted by Mr. Divyam Sharma, learned counsel appearing on behalf of the respondents have no objection to the same. 5. Accordingly, and in view of the agreement between the parties, the present writ petition is disposed of as follows :- (a) The petitioners shall deposit 25% of the total outstanding dues, as demanded by the impugned notice before 13.07.2026, and in which event the e- auction scheduled on the said date shall be kept in abeyance. (b) The petitioners shall deposit the remaining amount in three equal bi-monthly installments so that the entire remaining amount is paid to the respondents within next six months. 2 UKHC010115242026 2026:UHC:5562-DB (c) Along with the last installment, the petitioners shall pay up to date interest, as would accrue till the date of payment of last installment. (d) In case of default in complying with any of the conditions stipulated above, it shall be open to the respondents to proceed with the auction of the secured asset in accordance with law. 6. All pending applications stand disposed of accordingly. ______________________ MANOJ KUMAR GUPTA, C.J. ___________________ SUBHASH UPADHYAY, J. Dt: 08th July, 2026 Rahul 3 RAHUL PRAJAPATI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed 3e66e61bf4c848741983ed8c39e4145cf1d ab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF 8A192FCAD15C390A1AAD7B39857D2540 AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2026.07.08 16:03:51 +05'30'