Extracted from the PDF above. The PDF is authoritative.
UKHC010120082026
2026:UHC:6157 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2089/2026
Rajeev Kumar Agarwal --Petitioner Versus Punjab National Bank & others. --Respondents
Hon'ble Manoj Kumar Tiwari, J.
Mr. Vijay Bhatt, Senior Advocate, assisted by Mr. Priyank Kharkwal, Advocate for the petitioner.
2. Mr. Siddhartha Jain, Advocate for the caveator/respondent no. 1.
3. Petitioner has challenged an order passed by Debts Recovery Tribunal, Dehradun in Appeal No. 3 of 2025. By the said order, the auction sale made by Recovery Officer in favour of respondent no. 2 was confirmed.
4. Petitioner contends that he is a bonafide purchaser of the secured asset for consideration, however, he was not heard by Debts Recovery Tribunal while confirming the auction sale made in favour of respondent no. 2.
5.
Learned counsel appearing for the bank, however, submits that the guarantor has challenged the
order impugned in this writ petition before Debts Recovery Appellate Tribunal, Allahabad. He thus submits that petitioner has a statutory remedy available, therefore, he can approach the Debts Recovery Appellate Tribunal by filing an appeal under Section 20 of Recovery of Debts and Bankruptcy Act,
UKHC010120082026
2026:UHC:6157
1993.
6. This Court finds substance in the submission made on behalf of the bank.
7. Since petitioner has challenged order passed by Debts Recovery Tribunal, which is appealable before Debts Recovery Appellate Tribunal, accordingly, the writ petition is disposed of with liberty to petitioner to approach the Debts Recovery Appellate Tribunal by filing an appeal. He shall also be at liberty to seek impleadment in the appeal filed by the guarantor. Petitioner shall be at liberty to raise all contentions, as were raised before this Court.
(Manoj Kumar Tiwari, J.) 21.07.2026 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=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAA B21CE5, cn=NAVEEN CHANDRA Date: 2026.07.22 18:35:17 +05'30'