UKHC010114642026 2026:UHC:6114 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2017/2026 Deepa Saha --Petitioner Versus Bank of India & Another --Respondents Hon’ble Manoj Kumar Tiwari, J. Ms. Sangeeta Adhikari Patni, Advocate, for the petitioner. Mr. Vikas Pande, Advocate, i/b Mr. Anil Kumar Joshi, Advocate for the respondent no. 1. (2) Petitioner purchased a property, which was mortgaged with Bank of India. Since the borrower failed to repay the loan, therefore, the bank initiated recovery proceedings by invoking SARFAESI Act. Petitioner has challenged warrant of attachment of immovable property, issued by Recovery Officer, DRT, Dehradun on 9.3.2026. Petitioner contends that she is a bona fide purchaser for consideration, therefore she cannot be held liable for recovery of dues against the borrower. (3) The said contention cannot be accepted. Since petitioner purchased a property which was mortgaged with the bank, therefore, bank has first charge over the property. Without expressing any further opinion in the matter, writ petition is disposed of with liberty to petitioner to approach Debts Recovery Tribunal by moving appropriate application. (Manoj Kumar Tiwari, J.) 21.7.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.07.21 18:48:16 +05'30' UKHC010114642026 2026:UHC:6114