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2026 DAILYLAW 9044 (UTT)

MS SHREYA SAWHNEY v. PUNJAB NATIONAL BANK

WPMS/1422/2026 · 2026-07-28

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010083092026 2026:UHC:6531 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1422/2026 Ms Shreya Sawhney and another --Petitioners Versus Punjab National Bank and others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. Piyush Garg, Advocate with Mr. Priyanshu Gairola, Advocate for the petitioners. Ms. Nishi Chaudhary, Advocate through video conferencing with Mr. Ashish Joshi, Advocate for Punjab National Bank. Mr. Sagar Kothari, Advocate for the caveator. 2. Borrower has filed this writ petition under Article 227 of the Constitution of India, seeking the following relief: “Issue a writ in the nature of certiorari or any other writ, order or direction for quashing and setting aside the impugned order dated 27.04.2026, passed by Hon’ble Debts Recovery Appellate Tribunal, Allahabad, in Appeal Diary No. 187 of 2026, titled as “Punjab National Bank Vs. Dhanashree Agro Products Private Limited & Others.” Annexure No. 1, and page no. 38.” 3. According to petitioner, his securitisation application was allowed by Debts Recovery Tribunal (DRT) vide order dated 13.01.2026, whereby the auction sale of the secured asset UKHC010083092026 2026:UHC:6531 was set aside and proceedings were directed to be drawn afresh. 4. Punjab National Bank has challenged the order passed by DRT before Debts Recovery Appellate Tribunal (DRAT) in Appeal D.Y. No. 187 of 2026. In that appeal, DRAT passed the following order on 27.04.2026: “Learned counsel for the respondent-Borrower seeks time to file reply. Let the same be filed by the next date. Learned counsel for the appellant submits that he is ready to give possession of the property in question to the auction purchaser within two weeks. Let the same be done, if there is no legal impediment. List this case on 02.07.2026 for reply.” 5. Petitioner has challenged the said order in this writ petition. 6. It is contended by learned counsel for the petitioner that order passed by DRAT has virtually allowed the appeal filed by the Bank and the order passed by DRT, which is under challenge before Appellate Tribunal has been set at naught. 7. Ms. Nishi Chaudhary, Advocate appearing for Punjab National Bank, however, makes a statement on behalf of her client that P.N.B. will not take any steps in furtherance of order dated 27.04.2026, passed by DRAT and the possession of the property in question shall not UKHC010083092026 2026:UHC:6531 be handed over to the auction purchaser till disposal of the appeal. 8. Reportedly, the matter was fixed before Appellate Tribunal today and now the next date fixed is 07.09.2026. 9. Having regard to the facts of the case, Appellate Tribunal is requested to make endeavour to decide the appeal, if possible on next date, or any other date within three weeks thereafter. (Manoj Kumar Tiwari, J.) 28.07.2026 Mahinder MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a9 2d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D3 05B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2026.07.29 16:17:56 +05'30'